What constitutes a material defect in a property?

A material defect in a property refers to an issue that significantly impacts the property's value, safety, or usability. This could encompass structural problems, health hazards, or any condition that could cause a reasonable buyer to reconsider a purchase based on the potential cost of repairs or health risks. For example, issues like mold, foundational cracks, electrical hazards, or roofing problems all fall under this category because they not only affect the safety and livability of the home but can also lead to substantial financial implications for the buyer.

In contrast, cosmetic issues, such as minor paint scratches or outdated fixtures, may not affect the core functionality or safety of the property, thus not qualifying as material defects. Similarly, minor repairs needed before a sale might be more of an inconvenience rather than a significant issue, and non-disclosable defects typically refer to issues for which the seller is not legally obligated to disclose, but they may not rise to the level of materially affecting the property itself.