A hidden defect is a flaw or problem that exists in a good but is not immediately visible or recognizable at the time of sale or inspection. This type of defect is usually concealed and may only manifest after purchase, causing potential issues for the buyer.
The inspection certainly aims to highlight or at least minimize the presence of a defect that can sometimes be unknown even to the seller, who may have purchased the boat in good faith without being aware of it.
General characteristics of a hidden defect:
- Concealed: Not evident during a normal or superficial inspection. It may require specialized tools or thorough inspection to be discovered. Personally, during the inspection, in addition to visual examinations, I utilize other equipment to perform non-destructive tests, such as the well-known hygrometer, ultrasonic flaw detectors with thickness gauges, and, when necessary, a thermal camera. The skill of the expert, of course, does not lie in the number of tools but in the ability to use them…
- Existing at the time of sale: The defect is present before the transaction, but has not been identified by either the seller or the buyer.
- Difficulty of detection: Often, hidden defects require specific conditions to manifest, such as intensive use or particular structural stresses.
- Legal implications: Discovering a hidden defect before or after purchase can lead to legal disputes, as the buyer may seek compensation or contract termination, claiming that the seller did not disclose the defect.
- Common examples: In boats, hidden defects may include structural issues not visible externally, flaws in electrical systems, internal wear or friction, hidden leaks, and other mechanical problems.