What constitutes a material defect in real estate?

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A material defect in real estate is defined as a defect that significantly impacts the property's usefulness or habitability. This can include issues such as structural problems, plumbing or electrical system failures, or issues that could affect safety, comfort, or the property's overall value. The key aspect is that the defect must have a substantial effect on the property, making it difficult or impossible for the owner or tenant to use the property as intended.

In contrast, temporary aesthetic issues do not generally impact the property's functional or structural integrity and may simply involve cosmetic concerns rather than any serious defects. Options implying that a defect does not require repair or is only visible under specific conditions do not account for the broader implications of a material defect in real estate, which focuses on the defect's overall impact on the property's value and use. Therefore, recognizing a defect that affects usefulness is essential for understanding what constitutes a material defect.

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