Patent defect

A problem obvious from a normal walk-through, like a cracked window or missing tile. Buyers are expected to see them.

Disclosures · Updated September 2026

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Where this comes up: under contract

This word belongs to the under contract part of a sale. Here is what that part holds, in order.

  1. Go under contractSign the purchase agreement · Confirm earnest money is deposited
  2. Buyer's inspectionCoordinate access for the inspector · Give the inspector clear access
  3. Title workOpen title with your closing team · Review the title commitment
  4. Settle repairsDecide what you'll fix and what you'll credit · Collect contractor quotes

Your Room keeps this list for your own sale, with your dates on it.

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Part 1 of 4

Why a seller cares

A patent defect is visible to anyone walking through, and the law generally expects the buyer to see it. It still shows up on the inspection report, and buyers still ask about it.

Part 2 of 4

A simple example

A cracked window in the dining room and a missing closet door. Both are obvious on the first showing and both are on the inspection report.

Patent defect: a simple example
The defectWhere the duty sits
A cracked window anyone can seeThe buyer; they saw it and offered anyway
A slow leak under the sink you know aboutThe seller; that is latent, not patent
A cracked window the buyer asks you to fixA negotiation, not a disclosure question

Obvious things are the buyer's to notice. Hidden things are the seller's to say.

Part 3 of 4

What people get wrong

That obvious means it need not be mentioned at all. It need not be disclosed, but a buyer can still ask for it in the repair request.

Part 4 of 4 · where to read next

Where it appears in the sale

What a definition is, and what it isn't

Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.

Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish

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In your Room, this word explains itself where it appears.

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