Hawaii Revised Statutes 508d. Mandatory Seller Disclosures in Real Estate Transactions

• 508d-1 Definitions.
  As used in this chapter, unless the context requires otherwise: "Common area" means real property that is designated as common area in or pursuant...
• 508d-2 Applicability.
  Except as otherwise provided for in this chapter, this chapter applies to any sale of residential real property. The failure of the seller or...
• 508d-3 Exemptions.
  This chapter shall not apply to the following sales of residential real property: (1) Sale to a co-owner; (2) Sale to a spouse, parent,...
• 508d-3.5 Disclosure of Documents; Required Documentation.
  (a) If the residential real property being offered for sale is subject to a recorded declaration, the seller shall provide the following documents and...
• 508d-4 Prohibitions on Sales of Residential Real Property.
  Except as provided in section 508D-3, no seller may sell residential real property unless: (1) Prior to the sale of such residential real property,...
• 508d-4.5 Release or Waiver of Construction Defect.
  Any release from or waiver of liability, or release from a warranty by a seller to any government agency, contractor as defined in section...
• 508d-5 Delivery of Disclosure Statement to Buyer; Procedures.
  (a) No later than ten calendar days from acceptance of a real estate purchase contract, the seller, either directly or through the seller's agent,...
• 508d-6 Later Discovered Inaccurate Information.
  Prior to closing the real estate purchase contract, a buyer who receives a disclosure statement that fails to disclose a material fact or contains...
• 508d-7 Seller's Agent's Duties and Responsibilities for Disclosure.
  (a) Any person or entity acting in the capacity of an escrow agent for the sale of residential real property subject to this chapter,...
• 508d-8 Excluded Facts From the Disclosure Statement.
  Except as otherwise provided by law, the fact that: (1) An occupant of the residential real property was afflicted with acquired immune deficiency syndrome...
• 508d-9 Good Faith and Due Care in Preparing the Disclosure Statement.
  (a) A seller or the seller's agent shall prepare the disclosure statement in good faith and with due care. A buyer shall have no...
• 508d-10 Repealed.
  L 2001, c 224, §8.
• 508d-10.5 Energy-Efficiency Consumer Information in Sale or Lease of Real Property
  . Prior to the sale of residential real property, the property owner shall make a good faith declaration of electricity cost based on the most...
• 508d-11 Disclosure Form.
  In addition to the other information required by this chapter, the form for the disclosure statement shall include the following: (1) A notice to...
• 508d-12 Indication of Receipt of Disclosure Statement.
  (a) The buyer shall indicate receipt of the seller's disclosure statement on the real estate purchase contract, or in any addendum attached to the...
• 508d-13 Later Material Facts.
  Information in a disclosure statement that has not been disclosed or becomes inaccurate regarding a material fact as a result of an act, agreement,...
• 508d-14 Additional Disclosure Requirements.
  The requirements of this chapter are in addition to all other disclosure obligations of the seller required by law relating to the sale of...
• 508d-15 Notification Required; Ambiguity.
  (a) When residential real property lies: (1) Within the boundaries of a special flood hazard area as officially designated on Flood Insurance Administration maps...
• 508d-16 Remedies; Voidable Contracts.
  (a) A buyer may elect to complete the purchase of residential real property even if the seller fails to comply with the requirements of...
• 508d-16.5 Rescission.
  Notwithstanding anything to the contrary in this chapter, any action for rescission brought under this chapter shall commence prior to the recorded sale of...
• 508d-17 Limitation of Actions.
  (a) Any action brought under this chapter shall commence within two years from the date the buyer received the disclosure statement; provided that if...
• 508d-18 Alternative Dispute Resolution.
  If the real estate purchase contract provides for alternative dispute resolution, then prior to filing an action in any court to enforce this chapter,...
• 508d-19 Severability.
  If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other...
• 508d-20 Repealed.
  L 1996, c 161, §19.

Last modified: October 27, 2016