Seller Disclosure Requirements
in Hawaii

Aloha! Selling your home in Hawaii requires a thoughtful approach to seller disclosures. While Hawaii is not a strict caveat emptor state, the burden of diligence primarily rests with the buyer. However, this doesn't absolve you, the seller, from a significant legal and ethical duty to be forthright. The cornerstone of this process is the Hawaii Association of REALTORS® (HAR) Standard Form RR 109c, better known as the Seller's Real Property Disclosure Statement (SRPDS). This multi-page document is not a warranty; rather, it is a statement of your knowledge about the property's condition. The HAR Purchase Contract typically mandates that you deliver this completed form to the buyer within a specified number of days after acceptance. Upon receipt, the buyer has a contractual right to review it and, if they discover something that is unacceptable, they may have the right to terminate the contract. Understanding the gravity of this specific **hawaii seller disclosure form** is the first step in a successful and litigation-free transaction.

Regarding **what must sellers disclose**, the law centers on the concept of "material facts." A material fact is any piece of information that could influence a reasonable person's decision to purchase the property or affect the price they are willing to pay. The SRPDS guides you through this by breaking down the **property disclosure** into specific categories. Experts have litigated cases stemming from nearly every section, but unpermitted improvements are a recurring flashpoint, especially with the prevalence of illegally enclosed lanais in Waikiki condos or unpermitted 'ohana units in places like Kaneohe. You are obligated to disclose any work done without the necessary City and County of Honolulu building permits. Other critical areas include past or present water intrusion, the history of termite infestation and treatments (a near-universal concern in the islands), known plumbing or electrical system defects, and any encroachments or boundary disputes with neighbors.

Beyond the standard structural and system concerns, Hawaii's unique geography and climate impose specific **hawaii disclosure requirements**. Living in paradise comes with its own set of natural hazards that are absolutely material. For sellers on the Big Island, particularly in the Puna or Kaʻū districts, disclosing the property's location relative to Lava Flow Hazard Zones is non-negotiable. For coastal properties from the North Shore of Oahu to the shores of Kihei on Maui, you must disclose if the property lies within a sea level rise exposure area or a tsunami inundation zone. Other critical, location-specific disclosures include the presence of expansive soils, the history of treating for ground and drywood termites, and whether the home has hurricane-resistant features like clips and straps. A robust **seller disclosure hawaii** statement will paint a clear picture of these environmental realities for a potential buyer.

Unfortunately, when disclosure goes wrong, the consequences can be severe and long-lasting. Market data shows sellers face lawsuits years after closing, all stemming from a failure to disclose a known defect. A common scenario involves a seller in a high-rainfall area like Manoa Valley who paints over water stains on a ceiling instead of disclosing the roof leak that caused them. When the first heavy winter rain arrives, the new owner is faced with a deluge and a costly repair. This can lead to legal action for fraudulent or negligent misrepresentation, where a buyer can sue for damages (the cost of repair) or, in egregious cases, rescission of the entire sale. It's crucial to understand the difference between a known defect you must disclose and a latent defect (one you genuinely didn't know about). Answering "I don't know" on the SRPDS is acceptable if true, but intentionally hiding a problem is a direct path to the courtroom.

From my perspective as a litigator, the best way to protect yourself is through radical transparency and diligent preparation. The most astute sellers Market trends show work with their real estate agent to complete the **hawaii seller disclosure form** meticulously, long before the first offer comes in. Consider hiring a trusted local inspector, like those from Detailed Inspection Service, for a pre-listing inspection. This accomplishes two things: it identifies issues you may not have been aware of, and it provides a third-party report you can use as part of your disclosure package. If the report finds a minor plumbing leak, you can have it fixed and attach the paid invoice to your SRPDS. This transforms a potential liability into a demonstration of responsible ownership. Remember the mantra I tell all clients: when in doubt, disclose it. A thorough and honest **property disclosure** is your strongest shield against future legal claims.

For buyers, receiving the seller's disclosure statement is not the end of your due diligence; it is the beginning. This document provides the roadmap for your own investigation during your inspection contingency period (often the "J-1" period in the HAR Purchase Contract). If the seller discloses a past termite treatment from a company like Xtermco or Bowman Termite & Pest Control, you should order a new, independent termite inspection to verify the current condition. If the seller notes repairs to the roof, have your home inspector pay special attention to the attic and ceilings. Use the seller's statements as a jumping-off point to ask more questions, request receipts for repairs, and commission your own expert inspections. This is your critical opportunity to verify the seller's claims and truly understand the property you are about to call home.