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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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