Ontario
Question:
What is the difference between a material latent defect and a latent defect?
I understand a material latent defect must be disclosed, but I don’t understand why a latent defect does not.
Are they not the exact same thing?
Answer:
Yes, they are both latent defects.
“Material” means important, significant enough, relevant.
In the context of real estate, the Ontario Courts have defined material to be:
1) a defect which renders the principal building structurally unsound, or
2) a defect which renders the property unfit for human habitation.
You might imagine, that there are some small, unimportant, and minor matters which need not be disclosed.
Brian Madigan LL.B., Broker