Except as provided in § 508D-3, no seller may sell residential real property unless:

(1) Prior to the sale of such residential real property, a disclosure statement is:

contract signature

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Terms Used In Hawaii Revised Statutes 508D-4

  • Contract: A legal written agreement that becomes binding when signed.
  • Disclosure statement: means a written statement prepared by the seller, or at the seller's direction, that purports to fully and accurately disclose all material facts relating to the residential real property being offered for sale that:

    (1) Are within the knowledge or control of the seller;

    (2) Can be observed from visible, accessible areas; or

    (3) Are required to be disclosed under sections 508D-4. See Hawaii Revised Statutes 508D-1

  • Real estate purchase contract: means a contract, as it may be amended, by which a seller agrees to sell and a buyer agrees to buy residential real property which shall include a deposit, receipt, offer, acceptance, or other similar agreement for the sale or lease with option to buy. See Hawaii Revised Statutes 508D-1
  • 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

(A) Signed and dated by the seller within six months before or ten calendar days after the acceptance of a real estate purchase contract by the buyer; and
(B) Delivered to the buyer as provided in section 508D-5;
(2) The buyer acknowledges receipt of the disclosure statement on the real estate purchase contract or in any addendum attached to the contract, or in a separate document; and
(3) The buyer is afforded the opportunity to examine the disclosure statement as provided in section 508D-5.

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