Hawaii Real Estate Purchase Agreement

Last Updated: August 27, 2024 by Roberto Valenzuela

The Hawaii residential real estate purchase agreement (“Contract for Sale and Purchase of Real Estate”) is a contract which commits a buyer to an offer to purchase real estate, according to specific terms agreed by the buyer and seller. Negotiated specifics include the purchase price, financing method, closing date, and more.

Do Sellers in Hawaii Have To Disclose Property Defects?

Hawaii does require real estate sellers to disclose any material defects. In most cases, this is through a standardized disclosure form provided by the local realty agency, but any disclosure which provides the required information is valid. Unless there’s a specific written agreement otherwise, all disclosures must be provided within 10 days of a seller accepting a buyer’s offer for the purchase of real estate.

By mutual agreement, it is possible to waive the use of a standard form and handle required disclosures another way. However, the seller always has a duty to disclose all material defects that are not obvious on a casual inspection of the property, even if the buyer agrees to take the property “as-is.” The basic duty to disclose cannot be waived under any circumstances, unless the sale falls under a recognized legal exemption.

Situations in Hawaii Where Disclosure Is Not Required

The following facts do not carry a duty of disclosure:

  • Whether an occupant of the property has been diagnosed with (or tested for) HIV/AIDS
  • Whether the property was the site of an act or occurrence which had no effect on the physical structure or environment of the property or its improvements

The following common situations, among others, are exempt from the requirement to provide a standard disclosure:

  • Sales to co-owners, spouses, parents, or children
  • Sales by court order, or as part of executing a valid will
  • Foreclosure and bankruptcy sales
  • Sale of a leased property to the person leasing
  • Sale of a time share
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An exempt seller still must be honest in answering a buyer’s questions. Exemption from standard disclosure does not allow a seller to fraudulently conceal issues with a property.

Required Seller Disclosures in Hawaii

Hawaii sellers of real estate must make the following disclosures, as appropriate, in order for a real estate purchase agreement to be considered legally binding:

  • Hawaii Seller’s Disclosure Statement: Discloses material defects with a property that are known to the seller at the time of sale, and details any potential issues and conditions that may affect the value of the property.
  • Lead-Based Paint Disclosure: Any home constructed earlier than 1978 must come with a disclosure upon the transfer of the property which includes any information about the presence of lead on the premises, as well as educational materials that communicate the health risks associated with lead exposure.
  • Nuisance and Hazard Disclosure: Provides legally required disclosure when a property is at elevated risk for nuisance or hazard due to flood, sea level rise, aircraft noise, or proximity to a military installation.

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