Disclosing Property Facts: Hawai’i Law

Under Hawaii law, sellers must provide a disclosure statement before selling residential property. This statement must fully and accurately disclose all “material facts” relating to the property that are within the seller’s knowledge, can be observed from visible areas, or are required under Hawaii Revised Statutes Sections 508D-4.5 and 1.5.

What does a material fact mean in real estate?

A “material fact” is any fact, defect, or condition, past or present, that would measurably affect the value to a reasonable person of the residential property being offered for sale.

Why is the SRPDS important?

The SRPDS protects both buyers and sellers. For buyers, it provides crucial information that can influence their purchase decision. For sellers, disclosing known defects helps protect them from legal liability after the sale, ensuring they aren’t responsible for properly disclosed issues.

When is the SRPDS due?

The seller must prepare the disclosure statement with good faith and due care. It must be signed and dated within six (6) months before the buyer’s acceptance of a Hawaii real estate purchase contract.

What happens if a seller fails to disclose material facts?

Knowingly withholding required disclosures can lead to serious consequences. Buyers may have the right to cancel the sale, or the seller could be held legally liable. To avoid these risks, sellers should fully and honestly disclose all required details.

If you’re looking to sell your home and need a reliable seller’s agent, give me a call today!