Hawaii Disclosures and Agency
Hawaii law requires specific written disclosures of property condition and of agency relationships. This chapter covers the seller-disclosure statute, the broker's duty regarding material facts, and agency disclosure timing.
Seller Disclosure Under HRS Chapter 508D
HRS Chapter 508D requires a residential seller to give the buyer a written disclosure statement covering material facts known to the seller that could affect the property's value or desirability. The statute provides the buyer a review period and, in some cases, a right to rescind. A broker must ensure the disclosure is completed accurately and delivered within the required time frame.
The Broker's Duty on Material Facts
Beyond the seller's statutory form, licensees owe a duty to disclose known material facts and may not help conceal defects. A supervising broker who learns that an affiliated licensee omitted a material fact must ensure it is disclosed to the buyer promptly and document the correction. Concealment exposes both the licensee and the broker to discipline and civil liability.
Agency Disclosure
Hawaii requires licensees to disclose agency relationships in writing so consumers understand whether the licensee represents the seller, the buyer, or both parties as a dual agent. The disclosure should be made at or before the first substantive contact, before confidential negotiating information is exchanged. Dual agency is permitted only with the informed written consent of both parties.