Hawaii guide

Hawaii Agency Relationships: Seller Agent, Buyer Agent, Dual Agency, and HREC Disclosure Form

Reading as buyer.

TL;DR

In Hawaii, an agent helping you buy a home is presumed to be your agent under common law once they start giving you real advice, and that relationship must be put in writing on the Hawaii Real Estate Commission's Agency Disclosure form before they show you property or talk price. If the same agent also represents the seller, that is called dual agency and it requires your written consent before the situation comes up, not after an offer is on the table. As a dual-agency client you give up your agent's ability to advocate on price and strategy, so understand the trade-off before you sign.

Before you start — 8 things to know

Hawaii recognizes three agency types and you have a right to know which one applies to your home search — a seller's agent (representing the seller), a buyer's agent (representing you), or a dual agent (representing both sides).
The Hawaii Real Estate Commission Agency Disclosure form must be given to you before the agent shows property, discusses price, or talks terms — sign it only after you understand which role the agent is taking with you.
If a Hawaii agent starts giving you substantive help without any paperwork, common law presumes they are your agent until a different relationship is established in writing — so the disclosure form mostly confirms what is already happening.
Dual agency in Hawaii means the same agent represents the seller too, so they cannot push for a lower price on your behalf and cannot share what they know about the seller's bottom line or motivation.
Dual-agency consent in Hawaii must be in writing and obtained before the conflict actually arises — not added at the bottom of an offer you have already written.
A buyer's agent owes you loyalty, obedience, full disclosure of material facts they know, accounting for any money, confidentiality about your motivation and limits, and reasonable care — those duties shrink under dual agency.
If you walk into a listing and work with the seller's agent as a non-agency "customer," you only get honesty and disclosure of known property facts — no negotiation strategy, no price advice, and no confidentiality.
The signed agency disclosure lives in the agent's transaction file, and Hawaii Real Estate Commission inspections often flag files that are missing it — ask for a signed copy for your own records.

The timeline — step by step

At your first real conversation with a Hawaii agent — before they show homes, run comps, or talk price — they must hand you the Hawaii Real Estate Commission Agency Disclosure form.
Read the form and decide whether you want that agent to act as your buyer's agent, as the seller's agent on their own listing, or as a dual agent representing both sides.
Sign the disclosure acknowledging the agency relationship — your signature confirms you understood your options, it does not lock you into using that specific agent for the whole search.
If a dual-agency situation comes up later — for example, you want to bid on a home your agent already has listed — sign a separate written dual-agency consent before writing the offer, not after.
Throughout showings and negotiation, your buyer's agent should keep your financial limits, motivation, and timeline confidential from anyone on the seller's side.
At closing, the signed agency disclosure stays in the agent's transaction file for Hawaii Real Estate Commission inspection — request a copy for your own records before you walk away.

Common questions

What is the Hawaii Real Estate Commission Agency Disclosure form and when does my agent give it to me?

It is the form that explains your three agency choices in Hawaii — seller's agent, buyer's agent, or dual agent — and an agent must hand it to you before they show property, discuss price, or provide other substantive services.

Can my Hawaii agent represent both me and the seller on the same home?

Yes, but only as a dual agent and only with your written consent signed before the dual-agency situation arises, and you should know your agent loses the ability to advocate on price or share strategy advice with you.

What happens if I tour a Hawaii home or get advice from an agent without signing anything?

Under Hawaii common law the agent is presumed to be your agent once they start giving you substantive help, but the disclosure form still has to be signed so the relationship is documented and the file passes a Hawaii Real Estate Commission inspection.

What does my buyer's agent actually owe me as duties?

Loyalty, obedience, full disclosure of every material fact they know, accounting for your earnest money, confidentiality about your motivation and budget, and reasonable care — full client-level duties that a non-agency "customer" relationship does not give you.

Is dual agency a bad deal for buyers in Hawaii?

It is not automatically bad, but you give up your agent's price advocacy and ability to share strategy, so it tends to work best when the home and price are already a clear fit and you mostly need help with the paperwork and closing logistics.

Sources

Last updated