Are seller disclosures mandatory?

Yes, seller disclosures are mandatory in residential real estate law in Hawaii. According to the Hawaii Residential Landlord-Tenant Code, sellers must provide a disclosure statement to prospective buyers. This disclosure must include information about any material defects in the property, any health or safety hazards, material facts about the condition of the property, or any other information relevant to the sale. The disclosure must also contain a list of any fixtures or personal property included in the sale, as well as a description of any shared elements or access rights. The seller is also responsible for providing a separate document with disclosure notifications related to any shared elements, such as a shared driveway or a common area. Additionally, sellers must provide all pertinent documents, such as a deed, an owner’s title insurance policy, or a certificate of title from the lender, to the buyer at the time of closing. Failure to disclose any of this information can open the seller up to potential legal consequences, including a breach of contract or civil suit. This is why it is important for sellers to fully understand their obligations and provide accurate and complete disclosure statements prior to the sale.

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