Judge rules 'buyer beware' after couple skipped home inspection and then found faulty windows

KELOWNA — A judgment in small claims court highlights the risk of making an unconditional offer when buying a home.

“A ‘clean offer,’ meaning an offer with no conditions, would have a better chance of being accepted by a purchaser than an offer with conditions,” Judge Burnett noted in his judgment. Judge Burnett said the ­matter came down to the distinction between a “latent” and a ­“patent” defect. A latent defect in a home is one that is “not ­discoverable by observation and reasonable inquiry,” while patent defects are “those that can be discovered by conducting a reasonable inspection and making reasonable inquiries about the property.”

“The failed window seals, I find, were a defect that would have been easily discoverable through a reasonable inspection. The defendant did nothing to conceal the condition of the windows. All of the windows were readily accessible. Anyone viewing the residence could come to their own conclusions regarding the windows’ condition. As a result, I conclude that the failed window seals were not a latent defect but a patent one.

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