Am I liable 4 years after sale if house does not match city tax map?

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Am I liable 4 years after sale if house does not match city tax map?

We did a remodel years ago. Apparently the
current owners are trying to add on a room and
the house does not match the tax map which I
had no idea. The house was inspected by the
city and the permit was closed. Are we liable?

Asked on September 10, 2016 under Real Estate Law, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is not too late for the buyers to file a lawsuit and try to sue you based on fraud--that is, on misrepresenting, or lying about, the tax map--since the statute of limitations for fraud in your state, or time within which a lawsuit must be filed, is 6 years. However, to successfullly sue you and hold you liable in court, they would have to prove that you did in fact know about the tax map discrepancy, or at least that you reasonably *must* have known--that is, that any seller in your situation logically should have known about it. Fraud is based on a lie; without knowledge of the true situation, there can be no lie. So unless they can show you did lie, they should not be able to actually hold you liable.


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