In real estate, a patent defect is a flaw or deficiency in property that is plainly visible or that would be discovered through the exercise of ordinary care. It is a condition that can be identified by reasonable inspection without the need for specialized testing or investigation.
Because patent defects are apparent, buyers are generally expected to notice them during a normal inspection of the property. As a result, sellers and agents may have different disclosure obligations for patent defects than for hidden or latent defects.
