Issue:  What are the conditions for the existence of latent defects and how to evaluate whether a defect is hidden or not.  Complete Decision. Decision: Whether a defect is hidden or not is assessed objectively.  One must review the buyer’s examination of the good in light of what a prudent and diligent buyer of identical expertise […]

Issue:  Do cracks revealed by the inspector constitute awareness of defect?  Complete Decision.  Three months after the purchase of a 26 years old home the purchasers (Plaintiffs) find the concrete slab in the basement under the floating floor is swelling.  Decision: The Court concludes there is a latent defect for a portion of the claim […]