What must a home seller disclose in Hawaii?

Is a disclosure form required by law?

Yes. The Hawaii Real Estate Commission’s own copy of the licensing law points to chapter 508D for “mandatory seller disclosures in real estate transactions” (HRS chapter 467, cross-references). The Commission’s May 2024 bulletin also refers to condominium resales that “would fall under chapter 508D” and recommends that licensees confirm a condominium project completed the required legal registration before selling a unit in it.

This page does not summarize the chapter’s deadlines, the form’s contents or the buyer’s remedies. The text of chapter 508D is published only on the Legislature’s website, which would not open for our review, and we do not state a deadline we have not read. Read the chapter itself, and the form your agent or attorney uses, before you sign.

What a seller should do now

• Sellers: ask your listing agent or a Hawaii attorney which disclosure form applies to your property type (house, condominium, or leasehold) and when it must reach the buyer.
• Buyers: ask for the seller’s written disclosure before you commit, and compare it with your own home inspection. A form completed by the seller does not replace an inspection.
• Condominium buyers: confirm that the project is registered with the Real Estate Commission. The Commission warns that resales in unregistered projects can leave buyers with problems when they later sell or finance the unit.

Federal lead-based paint rule (homes built before 1978)

Federal law applies in Hawaii exactly as elsewhere. For most housing built before 1978, EPA says sellers and their agents must, before the buyer signs the contract:

• give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home;
• disclose any known lead-based paint or lead-based paint hazards;
• attach a Lead Warning Statement to the contract, confirming the seller has complied;
• give the buyer 10 days to have the home inspected for lead-based paint (the parties may agree in writing to a different period, and the buyer may waive it);
• keep a signed copy of the disclosures for three years after the sale.

The rule does not apply to housing that a certified inspector has found free of lead-based paint. EPA can penalize a seller or agent who skips these steps. See also our guide to closing costs for what else arrives at closing.