a hidden flaw, weakness or imperfection in an article which a seller knows about,
but the buyer cannot discover by reasonable inspection. It includes a hidden defect
in the title to land, such as an incorrect property description. Generally, this
entitles the purchaser to get his/her money back (rescind the deal) or get a replacement
without a defect on the basis of "implied" warranty of quality that a buyer could
expect ("merchantability"). Even an "as is" purchase could be rescinded if it could
be shown the seller knew of the flaw.
See also implied warranty product liability warranty
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