Question

If a seller of a used home has knowledge of a latent material defect that would affect the health and safety of the buyer, the seller _____?

1) has an affirmative duty to disclose the defect
2) does not have an affirmative duty to disclose the defect

Answer 1

If a seller of a used home has knowledge of a latent material defect that would affect the health and safety of the buyer, the seller has an affirmative duty to disclose the defect.

Step-by-step explanation:

If a seller of a used home has knowledge of a latent material defect that would affect the health and safety of the buyer, the seller has an affirmative duty to disclose the defect.

Latent material defects are defects that are not readily observable and would not be discovered through a reasonable inspection of the property. Failing to disclose such defects can expose the seller to legal liabilities and potential legal action by the buyer.