Land Use & Environmental

Latent Defect

A significant property defect hidden from ordinary observation, such as structural damage concealed by finishes.

A latent defect is hidden and not readily observable through an ordinary walkthrough. A known foundation crack covered by new flooring is a common example.

Texas Occupations Code Section 1101.652 permits discipline when a license holder fails to disclose a known significant defect, including a significant latent structural defect.

On the exam

Latent means hidden. Patent means open or readily observable.

Exam trap

A patent defect does not make misrepresentation acceptable. Visibility never creates permission to give a false assurance.

Tested in

Disclosures & Environmental (8% of the exam)

From definition to recall

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This definition is Texas real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.