This chapter shall not apply to the following sales of residential real property:

(1) Sale to a co-owner;

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Terms Used In Hawaii Revised Statutes 508D-3

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Devise: To gift property by will.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Residential real property: means fee simple or leasehold real property on which currently is situated:

    (1) From one to four dwelling units; or

    (2) A residential condominium or cooperative apartment, the primary use of which is occupancy as a residence. See Hawaii Revised Statutes 508D-1

  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(2) Sale to a spouse, parent, or child of the seller;
(3) Sale by devise, descent, or court order;
(4) Sale by operation of law, including but not limited to any transfer by foreclosure, bankruptcy, or partition, or any transfer to a seller’s creditor incident to a deed (or assignment) in lieu of foreclosure, workout, or the settlement or partial settlement of any preexisting obligation of a seller owed a creditor and any later sale of residential real property by such creditor;
(5) Sale by a lessor to a lessee resulting from conversion of leased land to fee simple;
(6) Initial sale of new residential real property pursuant to chapter 484 under a current public offering statement or chapter 484 exemption;
(7) Sales of condominium apartments or units accompanied by delivery of an unexpired developer’s public report; or
(8) Sale of time share interests as defined under chapter 514E.