When you're buying a home in Hawaii, one of the most important documents you'll receive is the Seller's Real Property Disclosure Statement. Hawaii law requires sellers to disclose material facts about the property's condition before the sale is finalized. Understanding what to look for in this document can help you make a more informed purchase decision and avoid costly surprises.

What Is the Seller's Disclosure?

Under Hawaii Revised Statutes Section 508D, no seller may sell residential real property without providing the buyer with a disclosure statement. This document must be signed and dated by the seller within six months before or ten calendar days after the acceptance of a purchase contract, and delivered to the buyer no later than ten calendar days from acceptance.

The disclosure covers material facts that are within the seller's knowledge, can be observed from visible and accessible areas, or are required to be disclosed under state law. Sellers are expected to fill out the form in good faith and with due care.

Key Sections to Review Carefully

Structural and Physical Condition

Look for disclosures about the roof age and condition, foundation issues, water damage or leaks, pest damage (especially termites, which are common in Hawaii), and any known defects in walls, floors, or ceilings.

Plumbing and Electrical Systems

Check whether the seller has reported issues with plumbing, water heaters, electrical panels, or wiring. Older homes in Hawaii may have outdated systems that could require significant updates.

Permitted Improvements

Pay close attention to whether any additions, renovations, or conversions were done with proper permits. Unpermitted work is a common issue in Hawaii and can affect property value, insurance, and your ability to make future changes.

Environmental Hazards

The disclosure should address known environmental concerns such as lead-based paint (for homes built before 1978), asbestos, mold, contaminated soil, or proximity to flood zones.

Property Boundaries and Easements

Review any disclosures about encroachments, shared driveways, utility easements, or boundary disputes. These can impact your use of the property and should be verified during due diligence.

HOA and Community Information

If the property is in a condo or planned community, the disclosure should include information about HOA fees, special assessments, pending litigation, and any rules that could affect your plans for the property.

What Sellers Are Required to Disclose

Hawaii law defines material facts as any fact, defect, or condition, past or present, that would be expected to measurably affect the value of the property to a reasonable person. This includes:

• Known defects in the property's structure or systems
• History of flooding, water intrusion, or drainage problems
• Pest infestations or damage
• Unpermitted improvements or modifications
• Neighborhood nuisances or noise issues
• Any pending legal actions related to the property

What Sellers Are Not Required to Disclose

Sellers are only required to disclose what is within their knowledge or what can be observed from visible, accessible areas. They are not expected to conduct inspections or investigations beyond their own awareness. This is why having your own home inspection is so important.

Your Rights as a Buyer

The disclosure form must remind you of your right to seek independent legal or expert advice regarding the property's condition. If the seller provides inaccurate information or fails to disclose a material fact, you may have legal remedies available.

If new information arises after the initial disclosure that directly, substantially, and adversely affects the property's value, the seller is required to provide an amended disclosure statement.

Tips for Reviewing the Disclosure

• Read every section thoroughly: Don't skim or assume everything is fine because the seller checked a box
• Ask follow-up questions: If something is vague or unclear, ask the seller's agent for clarification
• Cross-reference with your inspection: Compare the disclosure with your home inspection report to catch any discrepancies
• Watch for blank sections: A blank answer isn't the same as a "no" - ask why sections were left incomplete
• Have your agent review it with you: An experienced agent can help you identify red flags you might otherwise miss

Questions About a Seller's Disclosure?

The disclosure statement is one of the most valuable tools you have as a buyer. Taking the time to understand it thoroughly can save you from unexpected repair costs and protect your investment.

Contact Kristy & Austin Nakamura for guidance on reviewing seller disclosures and navigating your Hawaii home purchase with confidence.