<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by sclencewiz:
I purchased a home 3 months ago and now my septic system is not fuctioning properly. My neighbor has informed me that this has been happening for years, yet the seller did not inform me of any problems. A friend of mine mentioned the term "latent defect" and said that the seller had effectively committed fraud by not disclosing the information. I was wondering if you could clarify what latent defects are, and some possible courses of action. I'm in FL.<HR></BLOCKQUOTE>
Your friend is corrrect. The Seller had a duty to disclose the problem. There are basically 2 types of defects; patent and latent. A laypersons definition- A patent defect is a condition that is easily noticed or could be discovered upon reasonable or competent diligence. Ex: a large crack on the house siding, peeling paint, hole in the roof etc. A latent defect is a condition that is not easily noticeable and discoverable. Ex: hidden termite damage, soil problems, septic tank/system problems etc.
In your case, you need to contact your Realtor, Seller or a real estate attorney right away. In the meantime hire a contractor to rectify the problem and save the invoices.
