Hawaii guide

Hawaii Seller's Real Property Disclosure Statement: HRS Chapter 508D Requirements

In Hawaii, you have to give the buyer a written Seller's Real Property Disclosure Statement before they sign the purchase contract — or as soon as practicable after.

Reading as seller.

TL;DR

In Hawaii, you have to give the buyer a written Seller's Real Property Disclosure Statement before they sign the purchase contract — or as soon as practicable after. You must disclose every material fact you know about the home, including Hawaii-specific items like volcanic hazard zone, lava flow proximity, and leasehold terms. If you knowingly lie or hide a defect, the buyer can sue you, and your listing agent can be disciplined by the Hawaii Real Estate Commission.

Before you start — 11 things to know

HRS Chapter 508D covers residential property of four units or fewer — single-family homes, condos, co-ops, and residential leaseholds — and requires you to give the buyer a written Seller's Real Property Disclosure Statement.
You must disclose every "material fact" — anything a reasonable buyer would care about when deciding whether to buy your home or how much to pay for it.
Hawaii adds disclosures most mainland-trained agents miss: volcanic hazard zone designation and proximity to lava flow areas are required if they apply to your property.
If your property is leasehold rather than fee simple, you must spell out the leasehold terms in the disclosure — buyers in Hawaii rely on this to understand the lease rent and remaining term.
Standard items to disclose include known structural defects, roof condition, water intrusion history, electrical and plumbing issues, pest history, zoning violations, litigation affecting the property, work done without permits, flood zone status, and environmental hazards.
Deliver the disclosure before the buyer signs the purchase contract — if you deliver it after signing, the buyer gets a statutory right to rescind (cancel) the contract within the period set by law.
You cannot waive the buyer's rescission right by contract — language in your purchase agreement that tries to strip that protection will not hold up.
Some sales are exempt from Chapter 508D: transfers between co-owners, transfers to a spouse or family member within the third degree of consanguinity, judicially ordered sales, trustee sales, estate sales where you never occupied the home, and qualifying new construction covered by a builder warranty.
Knowingly making a false statement on the disclosure exposes you to civil liability — the buyer can sue you for damages even after closing.
Your listing agent has skin in the game too: if they knew about a defect and did not ensure it was disclosed, they face civil liability and Hawaii Real Estate Commission discipline under HRS §467-14.
Disclose what you actually know — if you are unsure about a condition, say you are unsure on the form rather than guessing, because false reassurances can be treated as fraud.

The timeline — step by step

Before listing, pull together your records: building permits, repair receipts, pest inspections, insurance claims, hazard zone maps, and any leasehold paperwork.
Fill out the Seller's Real Property Disclosure Statement covering every material fact you know about the home, including Hawaii-specific items like volcanic hazard zone and leasehold terms.
Deliver the written disclosure to the buyer before they sign the purchase contract — this is the cleanest path and avoids triggering a rescission window.
If you cannot deliver before signing, deliver as soon as practicable after — and understand the buyer can cancel the contract within the statutory rescission window after they receive it.
If anything material changes or you learn new information after delivering the disclosure — a new leak, pest activity, a notice from the county — update the disclosure promptly in writing.
Keep signed copies of the disclosure and proof of delivery (email timestamp, signed acknowledgment) so you can show what the buyer received and when.
At closing, the disclosure becomes part of the transaction record — your liability for knowingly false statements survives the sale, so the form you signed still matters years later.

Common questions

Do I have to disclose problems I already fixed?

Yes — if a past issue would still matter to a reasonable buyer, like prior water intrusion, foundation work, or termite damage, you disclose what happened and what you did to fix it.

What happens if I give the disclosure to the buyer after they sign the contract?

The buyer gets a statutory right to rescind (cancel) the contract within the period set by HRS Chapter 508D, and you cannot strip that right out of the purchase agreement.

Does Chapter 508D apply to a leasehold condo?

Yes — residential property of four units or fewer is covered, and leasehold homes have an extra obligation to disclose the leasehold terms on top of the usual material facts.

Do I have to disclose lava zone or flood zone?

Yes — Hawaii requires you to disclose volcanic hazard zone designation, proximity to lava flow areas, and flood zone status when they apply to your property.

What if I genuinely don't know whether something is a problem?

You only have to disclose what you actually know, so if you are unsure, say so on the form instead of guessing — but you cannot deliberately avoid finding out about something obvious.

Are there sales where I don't have to give a disclosure?

Yes — transfers between co-owners, transfers to a spouse or family member within the third degree of consanguinity, judicial sales, trustee sales, estate sales where you never lived in the home, and qualifying new construction with a builder warranty are exempt.

What happens if I lie on the disclosure form?

A knowingly false statement exposes you to civil liability and the buyer can sue you for damages, and if your listing agent knew about the issue they can face Hawaii Real Estate Commission discipline under HRS §467-14.

Sources

Last updated