It is important to differentiate between patent defects and latent defects:
Patent Defects
These are defects to a property that can be seen with the naked eye or can be ascertained by conducting a reasonable inspection of the property.
This can include broken windows, damp, defective electrical appliances and even the incorrect zoning or non-approved plans of the property and leakage of the irrigation system.
A purchaser has a legal obligation to conduct a thorough inspection of a property to establish any patent defects before making an offer. If a purchaser neglects to do the required inspection, it is presumed that they are aware of all the patent defects and is satisfied to buy the property in that condition. Neither a seller nor an agent has any obligation to disclose any patent defects or inspect the property on the purchaser’s behalf. If a purchaser is not satisfied, they should address the defects in the offer to purchase.
It is a purchaser’s duty to acquaint themselves with the general condition of a property on purchasing it and they cannot later claim they did not see such defects. The test is an objective one, namely what could have been seen on the original inspection of the property.