(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 cause of action against a seller or seller’s agent for, arising out of, or relating to the providing of a disclosure statement when the disclosure statement is prepared in good faith and with due care. For purposes of this section, “in good faith and with due care” includes honesty in fact in the investigation, research, and preparation of the disclosure statement and may include information on the following:

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Terms Used In Hawaii Revised Statutes 508D-9

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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

  • 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.
(1) Facts based on only the seller’s personal knowledge;
(2) Facts provided to the seller by governmental agencies and departments;
(3) Existing reports prepared for the seller by third-party consultants, including without limitation a:

(A) Licensed engineer;
(B) Land surveyor;
(C) Geologist;
(D) Wood-destroying insect control expert; or
(E) Contractor, or other home inspection expert;

dealing with matters within the scope of the professional’s license or expertise for the purpose of the disclosure statement; and

(4) Facts provided to the seller by a managing agent of a homeowner’s association, including without limitation, a condominium, cooperative, or community association.

Notwithstanding this subsection, a seller or seller’s agent shall be under no obligation to engage the services of any person in the investigation, research, or preparation of the disclosure statement. The failure to engage the services of any such person for this purpose shall not be deemed an absence of good faith or due care by the seller or the seller’s agent in the investigation, research, or preparation of the disclosure statement. The delivery to the buyer of reports or facts within the scope of paragraph (2), (3), or (4) after the date of the initial disclosure statement shall be considered an amendment of the disclosure statement.

(b) The representations contained in the disclosure statement shall be construed to be made only to, and for the benefit of, the buyer and shall be deemed accurate only as to the time when made, except as otherwise provided in § 508D-13.

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