When is it acceptable for a seller to not disclose a defect?

In the context of real estate transactions, a seller is generally required to disclose known defects or material issues with the property to potential buyers. However, if a seller is genuinely unaware of a defect, there is no intention to withhold information, which means they cannot disclose what they do not know. The principle of "caveat emptor," or "let the buyer beware," applies here, as sellers are only obligated to disclose defects of which they are aware. This aligns with the legal standard that states sellers must disclose known defects but are not liable for issues that they do not recognize or have not been informed about. Being unaware signifies that the seller has no responsibility for disclosing that defect.

The other choices involve different factors that may not exempt a seller from disclosure requirements. For instance, if a defect has been repaired, there may still be an obligation to disclose it if the repair was significant or could impact the buyer’s decision. Similarly, defects that are not visible during a casual inspection could still harbor potential liability if the seller had knowledge of them. Lastly, a defect being unrelated to property value does not absolve the seller from disclosing issues, particularly if those issues could affect the safety, utility, or overall desirability of the property.