Owner v. Builder: Latent Structural Defects and Rescission of Sale

A builder contracted to construct a building, but following its completion, the owner discovered serious defects, including structural instability, leading to a court action for rescission of the sale and damages based on warranty against latent defects. The builder argued that the defects were apparent or that the owner had waived their right to complain by accepting the work, but the court rejected this defense, reasoning that defects affecting the stability of the structure constitute hidden defects that the owner could not reasonably have detected upon delivery and which render the work unfit for its intended purpose, thus upholding the owner's claim based on the builder's warranty obligations.