In Hawai‘i, most residential sellers are required to complete a Seller’s Real Property Disclosure Statement (SRPDS). This document is designed to provide buyers with a transparent overview of known material facts that could reasonably affect a property’s value, desirability, or use.
Understanding Seller Disclosures in Hawai‘i
In Hawai‘i, most residential sellers are required to complete a Seller’s Real Property Disclosure Statement (SRPDS). This document is designed to provide buyers with a transparent overview of known material facts that could reasonably affect a property’s value, desirability, or use, as outlined under Hawaii Revised Statutes Chapter 508D.
What the Disclosure Covers
The SRPDS is not a warranty. It is a written statement based on the seller’s actual knowledge at the time of completion. Common areas addressed include, but are not limited to:
- Roof condition, age, and known leaks
- Water intrusion, drainage, or flooding issues
- Termite damage, treatment history, or pest concerns
- Mold, plumbing, electrical, or mechanical issues
- Unpermitted improvements or alterations
- Boundary matters, easements, or encroachments
- Noise, nuisance, or neighborhood related issues
In some circumstances, quality of life considerations may also be disclosed to ensure clarity and avoid later disputes.
Timing and Buyer Review
The SRPDS is typically delivered within ten calendar days of contract acceptance and may be prepared up to six months in advance, provided the information remains accurate. After delivery, buyers are usually granted a defined review period, as specified in the purchase contract, during which they may request clarification or cancel if material concerns arise.
Ongoing Duty to Update
If a seller becomes aware of new material information prior to closing, such as storm damage or system failure, a written update is generally required. This duty continues through closing to ensure buyers are relying on current and accurate information.
Common Exemptions
Certain transactions may be exempt from the SRPDS requirement, including some family transfers, court ordered sales, fiduciary sales where the seller has no personal knowledge, sales of newly constructed never occupied homes, and transfers involving government entities. Even when exempt, known material facts may still need to be disclosed if directly asked.
Why Disclosures Matter
Thoughtful, complete disclosures help reduce risk for sellers and provide buyers with the information needed to proceed confidently. Accuracy, organization, and timeliness can help support a smoother escrow and reduce the likelihood of post closing disputes. For legal interpretation or liability considerations, consult appropriate professionals.
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