When selling a home in Hawaii, the seller's disclosure is one of the most important documents in the transaction. Yet many sellers make critical mistakes that can lead to legal problems, deal cancellations, and even lawsuits after closing. Understanding your disclosure obligations is essential for a smooth sale.

In Hawaii, sellers are required by law to provide a Seller's Real Property Disclosure Statement to potential buyers. This document requires sellers to disclose known material facts about the property's condition, including any defects, repairs, environmental hazards, and neighborhood issues.

The biggest mistake sellers make is failing to disclose known issues. Some sellers think that if they do not mention a problem, the buyer will not notice or it will not matter. This is risky because Hawaii courts have consistently held sellers liable for failing to disclose material defects they knew about. Even after closing, a buyer can pursue legal action if they discover undisclosed problems.

Another common mistake is being vague or incomplete in the disclosure. Statements like the property is in good condition without addressing specific systems or components do not meet your disclosure obligations. Be specific about what you know regarding the roof, plumbing, electrical, foundation, termite history, flood risks, and any past repairs.

Some sellers try to sell their property as-is thinking this eliminates their disclosure requirements. This is not true in Hawaii. Even in an as-is sale, you are still required to disclose known material defects. The as-is designation affects the buyer's ability to request repairs, not your obligation to be honest about the property's condition.

Termite history is particularly important in Hawaii. Given the prevalence of termite issues on the islands, buyers expect full transparency about any past infestations, treatments, or damage. Failing to disclose termite history is one of the most common sources of post-closing disputes in Hawaii real estate.

Kristy and Austin Home Group helps sellers navigate the disclosure process with confidence. We walk through every section of the disclosure statement with our clients to ensure accuracy and completeness, protecting you from potential liability while maintaining trust with buyers.