Hawaii SRPDS

Purpose of Disclosure Statement:

Pursuant to Hawaii Revised Statutes, Chapter 508D (for residential real property), a seller of residential real property is obligated to fully and accurately disclose in writing to a buyer all “material facts” concerning the property. For all other real estate transactions, including the sale of vacant land, sellers are also advised to uphold any common law duty to disclose all material facts necessary to prevent misleading representations. "Material facts" are defined as "any fact, defect, or condition, past or present, that would be expected to measurably affect the value to a reasonable person of the residential real property being offered for sale."

Pursuant to Hawaii Revised Statutes, Chapter 508D-8, this Disclosure Statement may exclude information regarding:
(1) An occupant of the residential real property was afflicted with acquired immune deficiency syndrome (AIDS) or AIDS related complex, or had been tested for human immunodeficiency virus; or

(2) The residential real property was the site of an act or occurrence that had no effect on the physical structure or the physical environment of the residential real property, or the improvements located on the residential real property”. This Disclosure Statement is intended to assist Seller in organizing and
presenting all material facts concerning the Property. It is very important that Seller exercise due care in preparing responses to questions posed in the Disclosure Statement, and that all responses are made in good faith, are truthful and complete to the best of Seller's knowledge. Seller's agent, Buyer and Buyer's agent may rely upon Seller's disclosures.

SELLER IS ENCOURAGED TO OBTAIN PROFESSIONAL ADVICE AND/OR HAVE AN EXPERT INSPECT PROPERTY PRIOR TO PREPARING THE DISCLOSURE STATEMENT.

MUST BE COMPLETED BY SELLER ONLY

Seller's Statement: This is a statement concerning information relating to the condition of Property that:
(i) is within the knowledge or control of Seller;

(ii) can be observed from visible, accessible areas; or (iii) which is required by Section 508D-4.5 and 508D-15, Hawaii Revised Statutes. Seller may not be aware of problems affecting Property, and there may be material facts of which Seller is not aware that qualified experts may be able to discover or time may reveal. Unless Buyer has been otherwise specifically advised, Seller has not conducted any inspections of generally inaccessible areas of Property.

BUYER SHOULD TAKE CARE TO PROTECT BUYER'S OWN INTEREST BY OBTAINING PROFESSIONAL ADVICE AND BY CONDUCTING THOROUGH INSPECTIONS AND OBTAINING
EXPERT HELP IN EVALUATING PROPERTY AND BY OBTAINING BUYER'S OWN PUBLIC RECORDS.

THIS DISCLOSURE STATEMENT IS NOT A WARRANTY OF ANY KIND BY SELLER OR BY ANY AGENT REPRESENTING SELLER AND IS NOT A SUBSTITUTE FOR ANY EXPERT INSPECTION, PROFESSIONAL ADVICE, OR WARRANTY THAT BUYER MAY WISH TO OBTAIN.

General Instructions to Seller:

(1) Answer ALL questions in Sections A and B.

(2) If Sections C, D, E, OR F apply to the
subject property, even in part, that section shall be marked as applicable and the entire section must be filled out in its entirety. If sections C, D, E or F do not apply to the subject property, then that section should be marked with an NA.

(3) If any items are checked or answered yes, explain all material facts known to you.

(4) All structures must be covered in the Disclosure Statement. Each separate structure shall be addressed by separate Disclosure Statement.

(5) NTMK means NOT TO MY KNOWLEDGE.

(6) NA means NOT APPLICABLE and cannot be answered by “Yes”, “No”, or “NTMK”.

Basic Information

Seller Name *

Email *

Phone *

Your Home Address *

Where you currently reside.

Second Seller on Title? *

Your Agent's Name *

Your Agent's Email *

Your Agent's Brokerage *

Property For Sale Address

Property Type? *

CONDO
SINGLE FAMILY
LAND

TENURE *

Fee Simple
Leasehold

Has the property ever been rented during your term of ownership? *

Do any of the following conditions exist?

1) Is the property subject to Covenants, Conditions and Restrictions (CC&Rs)? *

YES
NO
NTMK
NA

1a) Are there any violations of the Covenants, Conditions and Restrictions covering the property? *

YES
NO
NTMK
NA

3) Is the property subject to any recorded or unrecorded land lease? *

YES
NO
NTMK
NA

e.g. Pasture lease, Sandwich lease

4a) Is Property Oceanfront? *

YES
NO
NTMK
NA

8) Is the property located in a geothermal subzone or near a geothermal facility? *

YES
NO
NTMK
NA

9) Is the property located in the regular path of aircraft and does it experience regular excessive aircraft noise? *

YES
NO
NTMK
NA

10) Is the property located within the boundaries of the Air Installation Compatibility Use Zone (restricted air space) of any Air Force, Army, Navy, or Marine Corps airport as officially designated by military authorities? *

YES
NO
NTMK
NA

11) Are you aware of the presence of or removal of unexploded military ordinance in this general area? *

YES
NO
NTMK
NA

12) Is the property located in a Special Flood Hazard Area, as officially designated on flood maps promulgated by the National Flood Insurance Program of the Federal Emergency Management Agency for the purposes of determining eligibility for emergency flood insurance programs? *

YES
NO
NTMK
NA

12b) Is there an Elevation Certificate? *

YES
NO
NTMK
NA

12c) Has the property ever received Federal Disaster Funds? *

YES
NO
NTMK
NA

13) Does the property lie within the sea level rise exposure area designated by the Hawai`i Climate Change Mitigation and Adaptation Commission? *

YES
NO
NTMK
NA

14) Are there any easements affecting the property? *

YES
NO
NTMK
NA

15) Are there any roadways, driveways, walls, fences, and/or other improvements which are shared with adjoining land owners? *

YES
NO
NTMK
NA

16) Are there any known encroachments? *

YES
NO
NTMK
NA

18) Is access to the property restricted? *

YES
NO
NTMK
NA

19) Are there any violations of government regulations/ordinances related to the property? *

YES
NO
NTMK
NA

20) Are there any zoning or setback violations and/or citations? *

YES
NO
NTMK
NA

21) Are there any restrictions on rebuilding? *

YES
NO
NTMK
NA

22) Are there any nonconforming uses or unpermitted structures on the property? *

YES
NO
NTMK
NA

23) Is the property exposed to other types of recurring excessive noise? *

YES
NO
NTMK
NA

e.g., night club, school, street traffic, animals, coqui frogs.

24) Are there any additional material facts as defined above regarding the property? *

YES
NO
NTMK
NA

e.g., pesticides, soil problems, irrigation, odors, pending development in the area, road widening projects, zoning changes, rail, etc.

25) Are there any other additional material facts related to the property concerning historic registers, Hawaii's Historic Preservation Program, archaeological surveys or historic features? *

YES
NO
NTMK
NA

26) Is there any existing or past damage to the property or any of the structures (interior or exterior) from earthquake, fire, smoke, flooding, leaks, landslides, falling rocks, tsunami, volcanic activity, or wind? *

YES
NO
NTMK
NA

28) Have there ever been substances, materials, or products known to be an environmental or health hazard such as, but not limited to, asbestos, formaldehyde, by-products of methamphetamine manufacturing, radon gas, lead-based paint, fuel or chemical storage tanks, contaminated soil or water? *

YES
NO
NTMK
NA

29) Is there filled land on the property? *

YES
NO
NTMK
NA

30) Has there ever been any settling or slippage, sliding, subsidence, or other soil problem? *

YES
NO
NTMK
NA

31) Has there ever been any drainage, water infiltration, seepage, flooding, or grading problems? *

YES
NO
NTMK
NA

32) Is there any damage caused by tree roots to/from the property or to/from another adjoining property? *

YES
NO
NTMK
NA

33) Were additions, modifications, and/or alterations made to the property without obtaining required approvals? *

YES
NO
NTMK
NA

34) Does any other party have an unrecorded interest in the property and/or a say in its disposition? *

YES
NO
NTMK
NA

35) Are there any lawsuits or foreclosure actions affecting the property? *

YES
NO
NTMK
NA

36) Did you purchase the property as a foreclosure? *

YES
NO
NTMK
NA

Utilities

U2a) Is Sewer Connected?

U3) What is the source of electrical power?

Public
Photovoltaic
Other
NA

U3a) Is the property subject to Special Subdivision Project Provision (SSPP) connection fees?

U4) Is a Solar Hot Water System is included with the sale? *

U5) Is a Security Alarm and/or Home Automation System is included with the sale *

U6) Gas *

Piped
Tank (Propane)
None
NA

U8) Television Service *

Antenna
Cable
Satellite
NA

U9) Internet *

DSL
Cable
Other
NA

U10) US Postal Delivery *

PO Box
Community/Cluster
Individual Curbside Box
Other

ASSOCIATIONS

C) Is there a Homeowner Association

YES
NO
NTMK
NA

D10) Has there been any damage to the unit due to leakage or water intrusion from above or adjacent to the unit, or damage caused by leakage or water intrusion from the unit to areas or space below the unit? *

YES
NO
NTMK
NA

D11) Are you aware of any defects to the common or limited common elements affecting the unit? *

YES
NO
NTMK
NA

E. IMPROVEMENTS:

Defined as a any changes to a dwelling on the property; additions, alterations, modifications, structural or otherwise in/on property/etc.
Please Answer the following questions

E1) Do any improvements, additions, structural modifications or alterations exist at the property without required building permits, association design committee or other governmental approvals? *

YES
NO
NTMK
NA

E2) Were any improvements, additions, structural modifications or alterations built/made with building permits, association design committee or other governmental approvals? *

YES
NO
NTMK
NA

E8) What is the age of the main roof *

F. DEFECTS, REPAIRS OR REPLACEMENTS

I attest that I am the Legal Seller of this Property *

Save and Resume Later

Basic Information

Do any of the following conditions exist?

Please locate these Documents, they will be needed to close Escrow.

If yes, Shoreline Certification will be need to close Escrow.

Please locate these Documents, they will be needed to close Escrow.

Please locate these Documents, they will be needed to close Escrow.

Please locate these Documents, they will be needed to close Escrow.

Utilities

Please locate these Documents, they will be needed to close Escrow.

Please locate these Documents, they will be needed to close Escrow.

ASSOCIATIONS

Such as pools, tennis courts, walkways, driveways, or other areas

CONDO SPECIFIC

Such as pools, tennis courts, walkways, driveways, or other areas

E. IMPROVEMENTS:

F. DEFECTS, REPAIRS OR REPLACEMENTS

Seller Signature