Hawaii Sellers Real Property Disclosure Statement

    Step 1

    Purpose of Disclosure Statement: Pursuant to Hawai'i Revised Statutes, Chapter 508D
    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.

    I understand that I am the legal seller of this Property. It is my responsibility to meet any legal requirements for selling, disclosures and any other legal requirements. I will not receive any legal indemnity from SRPDS.com for any issues that may arise.

    Step 2

    Pursuant to Hawai'i 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.

    Step 3

    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, Hawai'i 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.

    The statements made below are made by Seller and are not statements or representations of Seller's agent unless specifically identified.

    The Disclosure Statement and the disclosures made by Seller are provided exclusively to Buyers involved in this transaction only, and do not apply to any subsequent sales not involving this Seller.



    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.

    Step 4

    General Instructions to Seller:
    (1) Answer ALL questions in the applicable sections.
    (2) If checked or answered YES, explain all material facts known to you.
    (3) Each property/dwelling/structure shall have its own Disclosure.
    (4) NTMK means NOT TO MY KNOWLEDGE.
    (5) NA means NOT APPLICABLE and cannot be answered by YES, NO or NTMK

    MUST BE COMPLETED BY SELLER ONLY

    Step 5

    Seller Name:
    Is there another seller on Title?

    Second Seller Name:


    Property Reference or Address:
    Street Number:
    Unit:

    Parcel Number
    Tax Map Key:

    Parcel Number
    Tax Map Key(TMK)

    TMK:


    Step 6

    Tenure:

    Licensee: Brokerage Firm:
    Agent Email: Your Email:

    Do you currently "Occupy" property?
    YESNO

    Have you ever visited Property?
    YESNever Visited

    If not presently owner occupied, date of Seller's last visit?

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

    Name of Property Manager(s):

    Step 7

    SECTION A: GENERAL - Questions 1 to 5 of 34

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

    Please Explain Yes Answer to Question 1

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

    Please Explain Yes Answer to Question 1a


    2) Is the property currently used for transient accommodations?
    YESNONTMKNA

    Please Explain Yes Answer to Question 2

    2a) Does the property have a license for transient accommodations?
    YESNONTMKNA

    Please Explain Yes Answer to Question 2a

    Do you have Transient License Documents Ready to Upload
    YESNO

    Please locate these files, they WILL be needed to close Escrow


    2b) If yes, are there any periodic re-licensing requirements?
    YESNONTMKNA

    Please Explain Yes Answer to Question 2b


    2c) Are you aware of any violations past or present of the license or regulations?
    YESNONTMKNA

    Please Explain Yes Answer to Question 2c


    2d) Has the property previously been used for transient accommodations?
    YESNONTMKNA

    Please Explain Yes Answer to Question 2d


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

    Please Explain Yes Answer to Question 3



    3a) If yes, are there any violations of the land leases?
    YESNONTMKNA

    Please Explain Yes Answer to Question 3a


    4) Is the Property located in a Special Management Area?
    YESNONTMKNA

    Please Explain Yes Answer to Question 4

    4a) If Oceanfront Property, are there any past and existing State Shoreline Certifications?
    YESNONTMKNA

    Do you have a State Shoreline Certification to Upload?

    Please Upload Shoreline Certification
    Please Locate your State Shoreline Certification as it will be required by Buyer, and to close escrow

    5) Is the Property located in a tsunami evacuation zone?
    YESNONTMKNA

    Please Explain Yes Answer to Question 5
    Step 8

    SECTION A: GENERAL - Questions 6 to 10 of 34

    6) Is the Property located in volcanic hazard Zone 1 or 2?
    YESNONTMKNA

    Please Explain Yes Answer to Question 6
    Lava Zone 1Lava Zone 2

    7) Is the Property subject to excessive air pollution?
    YESNONTMKNA

    Please Explain Yes Answer to Question 7


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

    Please Explain Yes Answer to Question 8


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

    Please Explain Yes Answer to Question 9


    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?
    YESNONTMKNA

    Please Explain Yes Answer to Question 10


    Step 9

    SECTION A: GENERAL - Questions 11 to 15 of 34

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

    Please Explain Yes Answer to Question 11


    12) Is the Property located in a Special Flood Hazard Area based on FEMA's Flood Insurance Rate Maps?
    YESNONTMKNA

    Please Explain Yes Answer to Question 12

    12a) Does the Property have a Pre-FIRM structure?
    YESNONTMKNA

    Please Explain Yes Answer to Question 12a


    12b) Is there an Elevation Certificate?
    YESNONTMKNA

    Do you have a copy to upload.
    YESNO
    Please Upload Elevation Certificate
    Please Locate your Elevation Certification as it will be needed by Buyer, and to close escrow

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

    Please Explain Yes Answer to Question 12c


    13) Are there any easements affecting the property?
    YESNONTMKNA

    Please Explain Yes Answer to Question 13


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

    Please Explain Yes Answer to Question 14


    15) Are there any known encroachments?
    YESNONTMKNA

    Please Explain Yes Answer to Question 15


    Step 10

    SECTION A: GENERAL - Questions 16 to 20 of 34

    16) Are there any written agreements concerning items 13, 14, or 15?
    YESNONTMKNA

    Please Explain Yes Answer to Question 16


    17) Is access to the Property restricted?
    YESNONTMKNA

    How is Property restricted?
    EasementPrivate RoadOther

    Please Explain Yes Answer to Question 17 "Other"


    18) Are there any violations of government regulations/ordinances related to the property?
    YESNONTMKNA

    Please Explain Yes Answer to Question 18



    18a) Are there any zoning or setback violations and/or citations?
    YESNONTMKNA

    Please Explain Yes Answer to Question 18a


    19) Are there any restrictions on rebuilding?
    YESNONTMKNA

    Please Explain Yes Answer to Question 19


    20) Are there any nonconforming uses or unpermitted structures on the property?
    YESNONTMKNA

    Please Explain Yes Answer to Question 20


    Step 11

    SECTION A: GENERAL - Questions 21 to 25 of 34

    21) Is the Property exposed to other types of recurring excessive noise
    YESNONTMKNA

    Please Explain Yes Answer to Question 21


    22) Are there any additional facts regarding the Property that may be deemed a material fact?
    YESNONTMKNA

    Please Explain Yes Answer to Question 22


    23) Are there any other additional material facts related to the property concerning historic registers, Hawai'i's Historic Preservation Program, archaeological surveys or historic features?
    YESNONTMKNA

    Please Explain Yes Answer to Question 23


    24) 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?
    YESNONTMKNA

    Please Explain Yes Answer to Question 24


    25) Are there any additional material facts regarding the neighborhood that would be expected to measurably affect the value of the Property?
    YESNONTMKNA

    Please Explain Yes Answer to Question 25


    Step 12

    SECTION A: GENERAL - Questions 26 to 30 of 34

    26) 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?
    YESNONTMKNA

    Please Explain Yes Answer to Question 26


    27) Is there filled land on the property?
    YESNONTMKNA

    Please Explain Yes Answer to Question 27


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

    Please Explain Yes Answer to Question 28


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

    Please Explain Yes Answer to Question 29


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

    Please Explain Yes Answer to Question 30


    Step 13

    SECTION A: GENERAL - Questions 31 to 34 of 34

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

    Please Explain Yes Answer to Question 31


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

    Please Explain Yes Answer to Question 32


    33) Are there any lawsuits or foreclosure actions affecting the property?
    YESNONTMKNA

    Please Explain Yes Answer to Question 33


    34) If you purchased the property as a foreclosure, was the foreclosure judicial or non-judicial?
    JudicialNon-JudicialNA

    Please Explain Yes Answer to Question 34


    Step 14

    SECTION B: UTILITIES AND SERVICES:

    SECTION B1: WATER

    B1) What is your source of Water supply?
    PublicPrivateNA

    B1a) Is this Property separately metered?
    YESNO

    B1b) Is this a sub-meter?
    YESNO

    Is Water Supply Shared?
    YESNO

    Is there a Catchment Tank?
    YESNO

    Catchment: Tank type:
    Capacity:
    Age:
    Condition:
    Other:

    Is there a Solar Hot Water System?
    YESNO

    Is a Solar Hot Water System is included with the sale?
    YESNO

    Is the system: LeasedFinancedOwned outright

    Do you have these Documents ready to Upload?
    YESNO


    Please locate these files, they WILL be needed to close Escrow

    Step 15

    SECTION B: UTILITIES AND SERVICES:

    SECTION B2: POWER

    What is your source of Electrical Power?
    PublicPhoto VoltaicNA

    Is the Property subject to Special Subdivision Project Provision (SSPP) connection fees?
    YESNO

    SSSP Amount Due: $

    Hawaii law requires Sellers who pay their electricity bills directly to make a good faith declaration of electricity costs based upon the most recent three-month period that the property was occupied. In this context, please answer the following:
    Do you pay your electrical utility bill directly?

    YESNO

    If yes, please state the amount you paid for electricity for the most recent three-month period that the property was occupied.
    Mon/Day/Year: Amount: $
    Mon/Day/Year: Amount: $
    Mon/Day/Year: Amount: $

    Buyer's actual electricity costs may vary substantially based on usage or consumption. If Seller's usage is significantly lower or higher than normal usage?

    Has Usage been significantly lower or higher than normal usage?
    YESNONTMKNA

    Please Explain Yes Answer to Question about significantly lower or higher than normal usage


    Is PV System included in sale?
    YESNO

    Is the PV system: LeasedFinancedOwned outright


    If there is a photovoltaic system, does it contain an energy storage system, such as batteries?
    YESNO

    Do you have Photoltaic Lease documents ready to upload?
    YESNO

    These Documents WILL be required, please locate as soon as possible
    UPLOAD Photo Voltaic Documents
    Step 16

    SECTION B: UTILITIES AND SERVICES:

    SECTION B3: SEWER

    What type of Wastewater/Sewage system do you have?
    PublicPrivateNA

    CesspoolIndividual Sewage Treatment PlantSeptic System

    Location:
    Last Pumped:
    How Often?:


    Did any cesspool or septic system pumping/overflow generate a report to any governmental agency?
    YESNO

    Was there a Fine?
    YESNO

    Does the Cesspool serve more than one dwelling or living unit, including “Ohana” units?
    YESNO

    Vendor:

    Is Sewer Connected?
    YESNO

    Is connection currently required?
    YESNO
    Is there a separate sewer fee?
    YESNO

    Amount of current sewer fee: $
    Frequency:MonthlyQuarterlyYearlyOther

    Please Explain Yes Answer to "Other" Sewer charge


    Is there an Abandoned Cesspool Or Septic System anywhere on the property?
    YESNONTMK

    Location:
    Filled? YESNO
    Step 17

    SECTION B: UTILITIES AND SERVICES:

    SECTION B4: SERVICES

    B5) Is there an Alarm System?


    B5a) Is Security Alarm and/or Home Automation System is included with the sale?
    YESNO

    Is the system: LeasedFinancedOwned outrightNA


    Please attach ALL applicable documentation
    Do you have these Documents ready to Upload?
    YESNO



    Please locate these files, they WILL be needed to close Escrow



    B6) Gas: PipedPropane TankNone

    B7) Telephone Service: TraditionalParty line onlyCableCellSatelliteNone

    B8) Television Service: CableSatelliteAntennaNot Available

    B9) Broadband Internet: CableDSLNoneOther
    Please Explain Yes Answer to Question B9 "Other"

    B10) US Postal Delivery: Individual Curbside MailboxCommunity BoxPO BoxTo Door

    Step 18

    Property Type:CondoResidentialLand

    Step 19

    SECTION C: HOMEOWNERS ASSOCIATION


    SECTION C: HOMEOWNERS ASSOCIATION

    Is there a Homeowners Association?
    YESNO

    C1) Name of Homeowner's Association (HOA)/Community Association (CA) Management Firm(s):
    Phone:

    C2) Is membership mandatory?
    YESNO

    C3) HOA/CA fee(s) and What's Included?
    HOA Fees:
    Payment frequency:
    MonthlyQuarterlyBi-AnnualYearly

    C3a) What is included in the fee(s)?:
    CableCommon Area MaintenanceInternetElectricityInsuranceLandscape MaintenancePest controlPoolsProperty ManagementReserve FundsRoad MaintenanceRoofsSewerSubstructureTrashWaterOther

    Please explain "Other"


    C4) If you are aware of future maintenance fee increases, special assessments, association loans or pending litigation for or against the Association.
    YESNONTMK

    Please explain "YES" answer to Question C4

    C5) Are there any “common area” facilities (such as pools, tennis courts, walkways, driveways, or other areas) co-owned in undivided interest with others?
    YESNONTMK

    Please explain "YES" answer to Question C5


    C6) Are there any restrictions/prohibitions imposed upon pet ownership?
    YESNONTMK

    Please explain "YES" answer to Question C6


    Step 20

    SECTION D: CONDO SPECIFIC:

    SECTION D: CONDO SPECIFIC:

    D1) Is there an Condo Homeowners Association
    YESNO

    Project Name: Association Name:
    Management Firm Phone Number:

    D2) Is membership mandatory?
    YESNONTMKNA

    D3) AOAO/AOUO fee(s) and payment frequency:
    Fees:
    Frequency: MonthlyQuarterlyBi-AnnualYearlyOther

    Please Explain Question D3 "Other" Frequency

    D3) What is included in the fees and payments?
    C3a) What is included in the fee(s)?:
    CableCommon Area MaintenanceInsuranceInternetElectricityInsuranceLandscape MaintenancePest controlPoolsProperty ManagementReserve FundsRoad MaintenanceRoofsSewerSubstructureTrashWaterOther

    Please explain "Other"



    D4) If you are aware of future maintenance fee increases, special assessments, association loans or pending litigation for or against the Association
    YESNONTMK

    Please Explain Yes Answer to Question D4


    D5) Are there any "common area" facilities co-owned in undivided interest with others?
    YESNONTMKNA

    Please Explain Yes Answer to Question D5


    D6) Are there any restrictions/prohibitions imposed upon pet ownership?
    YESNONTMKNA

    Please Explain Yes Answer to Question D6


    D7) Is the Seller the developer of the CPR (Condominium Property Regime)?
    YESNONTMKNA

    D7a) Has the Seller/developer sold one or more of the properties in the CPR?
    YESNONTMKNA

    D7b) What is the expiration date of the Public Report?

    D8) Does this unit include parking?
    YESNONTMKNA

    How Many Parking spots?
    Stall Number(s):

    AssignedUnassigned
    CoveredPartialUncoveredPrivate GarageCarport
    StandardCompactTandem

    D8A) Is Parking deeded with the unit?
    YESNONTMK

    D8B) Are there any issues or special arrangements with the parking stall(s)?
    YESNONTMK

    Please explain "YES" answer to D8B


    D9) Does the unit include any storage unit(s), boat dock(s), or anything additional?
    YESNONTMK

    Please explain "YES" answer to D9

    D9A) If the unit includes any of the above, is it deeded with the unit?
    YESNONTMK

    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?
    YESNONTMK

    Please explain "YES" answer to D10


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

    Please explain "YES" answer to D11
    Step 21

    SECTION E: IMPROVEMENTS - Questions 1 to 12 of 12

    Defined as a dwelling on the property; additions, alterations, modifications, structural or otherwise in/on property/etc.
    What is the age of the main roof and the roofing of any other addition(s)?

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

    Please Explain Yes Answer to Question E1


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

    Please Explain Yes Answer to Question E2


    E2a) For any improvement(s) subject to a mechanic's and materialman's lien, has Notice of Completion been published?
    YESNONTMKNA

    Please Explain Yes Answer to Question E2a


    KnownUnknown

    E2b) ► Date of publication:

    E2c) Were any of the building permits not finalized (closed) by the permitting agency?
    YESNONTMKNA

    Please Explain Yes Answer to Question E2c


    E2d) Were any of the improvements to the property built under an owner-builder permit?
    YESNONTMKNA

    Please Explain Yes Answer to Question E2d


    E2e) ► Date of Final Inspection Approval by the County:

    E3) Was any electrical or plumbing work done without a licensed electrician or plumber?
    YESNONTMKNA

    Please Explain Yes Answer to Question E3


    E4) Is the Seller/Builder a licensed contractor who is providing warranties?
    YESNONTMKNA

    Please Explain Yes Answer to Question E4


    E5) Have you given any release or waiver of liability, or release from a warranty to any government agency, contractor, engineer, architect, land surveyor, or landscape architect, for any defect, mistake, or omission in the design or construction of the Property?
    YESNONTMKNA

    Please Explain Yes Answer to Question E5


    E6) Is the property sprinklered for fire protection?
    YESNONTMKNA

    Please Explain Yes Answer to Question E6


    E7) Is the property equipped with smoke/carbon monoxide detectors? How many? Are they wired into the electrical system?
    YESNONTMKNA

    Please Explain Yes Answer to Question E7


    E8a) Has the roof been replaced, repaired, or treated?
    ReplacedRepairedTreatedNTMKNA

    Please Explain Answer to Question E8a

    Date:

    E9) Has there been any evidence or presence of mold, mildew and/or fungus interior or exterior?
    YESNONTMKNA

    Please Explain Yes Answer to Question E9


    E10) Has there been any evidence of pest infestation (e.g., roaches, fleas, bedbugs, mites, ticks, ants, rats, centipedes, etc.)?
    YESNONTMKNA

    Please Explain Yes Answer to Question E10


    E11) Has there been any evidence or presence of wood destroying organisms in the improvements ?
    YESNONTMKNA

    Please Explain Yes Answer to Question E11



    E11a) Is there any known damage to the improvements caused by wood destroying organisms?
    YESNONTMKNA

    Please Explain Yes Answer to Question E11a


    E11b) Has the damage been repaired? If yes, list repairs.
    YESNONTMKNA

    Please Explain Yes Answer to Question E11b


    E12) Are there any transferable warranties (appliances, pest treatment, roof, photovoltaic, other)?
    YESNONTMKNA

    Please Explain Yes Answer to Question E12


    Step 22

    SECTION F: DEFECTS, REPAIRS OR REPLACEMENTS (Past or present):

    Check items listed below if you are aware of any past or present defects, repairs or replacements.
    F1) Air conditioningF2) AppliancesF3) Bathtubs/ShowersF4) CeilingsF5) Ceiling FansF6) Central Vacuum SystemsF7) Counters/CabinetsF8) Decking/Railings/LanaiF9) DoorbellsF10) Doors (all types)F11) DrivewaysF12) Electrical Systems Switches, etc.F13) Electronic Controls/RemotesF14) Fences/Perimeter WallsF15) Fire Sprinkler SystemF16) Fireplace/ChimneyF17) Floors/Floor CoveringsF18) Foundations/SlabsF19) GuttersF20) Heating SystemsF21) Lawn Sprinkler SystemF22) Lighting FixturesF23) Plumbing -InteriorF24) Plumbing -ExteriorF25) Roofs/Eaves/SkylightsF26) Security SystemsF27) Sinks/FaucetsF28) Smoke DetectorsF29) Solar Water SystemsF30) Solar/PhotovoltaicSystemsF31) Spa/Hot Tub/SaunaF32) Swimming PoolF33) ToiletsF34) Ventilation SystemsF35) WalkwaysF36) Walls Exterior/TrimF37) Walls Interior/Baseboards/TrimF38) Water FeaturesF39) Water HeaterF40) Window Coverings/AwningsF41) Windows/ScreensF42) Other

    Step 23

    DISCLOSURE REQUIREMENT
    For Residential Real Estate in the Sea Level Rise Exposure Area

    The State of Hawai'i recently enacted a new update to the Mandatory Seller Disclosures in Real Estate Transactions Law in 2021, codified within Hawai'i Revised Statutes $508D-15, requiring that real estate transactions within the State of Hawai'i must disclose any risk of sea level rise to the property.


    Check Sea Level Rise

    Is property within a 3.2 ft Sea Level Rise Exposure Area?
    YESNO

    Step 24

    FINAL STEP

    Your Signature


    Submit Form