Hawaii Real Estate Purchase Agreement

Last Updated: December 15, 2023 by Phil Ahn

Hawaii Real Estate Purchase Agreement Template_1 on iPropertyManagement.com

The Hawaii residential real estate purchase agreement (“real estate purchase contract”) is a contract that outlines the terms of a residential property deal between a buyer and a seller. It may only be used for residential properties where construction has been completed.

Do Sellers in Hawaii Have to Disclose Property Defects?

Hawaii does require real estate sellers to disclose any material defects. Certain states do not require the seller to disclose all defects (caveat emptor), meaning the buyer assumes the responsibility to conduct a real property inspection to seek out any potential defects with the property. In those states, if a buyer fails to conduct a proper examination, they may not have a legal alternative to reverse the real estate transaction.   

Required Seller Disclosures in Hawaii

Along with any material defects with the property, sellers in Hawaii will also need to provide the following:

  • Hawaii Seller’s Disclosure Statement. In Hawaii, sellers are required to provide the seller’s disclosure statement no later than ten calendar days after the acceptance of a residential purchase and sale agreement.
  • Lead-Based Paint Disclosure. Any home that was constructed earlier than 1978 must come with a disclosure upon the transfer of the property that includes any data concerning the presence of lead on the premises as well as educational materials that communicate the risks involved with coming into contact with the harmful substance.