Key Takeaways
- Hawaii requires sellers to complete a Seller's Real Property Disclosure Statement for residential transactions
- The disclosure must cover known material defects, property condition, and environmental hazards
- Sellers must disclose if property is in a Special Management Area (SMA) or flood zone
- Condominium sales require additional disclosures under HRS Chapter 514B
- Buyer has the right to rescind within a specified period after receiving disclosure
Last updated: January 2026
Hawaii Seller Disclosure Requirements
Hawaii requires sellers of residential property to provide buyers with a comprehensive disclosure statement.
Seller's Real Property Disclosure Statement
When Required
| Transaction Type | Disclosure Required |
|---|---|
| Residential sale (1-4 units) | Yes |
| Condominium | Yes, plus additional condo disclosures |
| Vacant land | Yes (modified form) |
| Commercial property | Not required |
| Foreclosure/REO | May have limited knowledge disclosure |
What Must Be Disclosed
The seller must disclose known information about:
| Category | Examples |
|---|---|
| Structural | Foundation, roof, walls, floors |
| Systems | Plumbing, electrical, HVAC |
| Environmental | Mold, lead paint, asbestos, termites |
| Boundaries | Encroachments, easements, disputes |
| Legal | Liens, CC&Rs, pending litigation |
| Natural hazards | Flood zone, tsunami zone, lava zone |
Hawaii-Specific Disclosures
| Issue | Description |
|---|---|
| Special Management Area (SMA) | Coastal zone requiring permits |
| Flood zone | FEMA flood hazard designation |
| Tsunami zone | Evacuation zone designation |
| Lava zone | Volcanic hazard areas (Big Island) |
| Agricultural zone | Permitted uses restrictions |
Environmental Hazards
Lead-Based Paint (Federal)
For homes built before 1978:
| Requirement | Details |
|---|---|
| Disclosure form | Lead Paint Disclosure required |
| EPA pamphlet | "Protect Your Family From Lead" |
| 10-day period | Buyer's right to inspect |
| Seller knowledge | Must disclose known hazards |
Special Management Area (SMA)
What is SMA?
The SMA is a coastal zone established under Hawaii's Coastal Zone Management Act:
| Feature | Description |
|---|---|
| Purpose | Protect coastal resources |
| Location | Extends inland from shoreline |
| Permits | Required for development over $500,000 |
| Minor permits | Required for smaller projects |
SMA Disclosure Requirements
Sellers must disclose:
- Whether property is in SMA
- Any SMA permits on file
- Development restrictions
- Required permits for improvements
Natural Hazard Disclosures
Flood Zone
| Element | Disclosure Required |
|---|---|
| FEMA zone | Flood hazard area designation |
| Insurance | Whether flood insurance is required |
| History | Past flooding if known |
Tsunami Zone
| Zone | Description |
|---|---|
| Evacuation zone | Property within tsunami risk area |
| Siren coverage | Civil defense warning system |
| Insurance | Special coverage may be needed |
Lava Zone (Big Island)
| Zone | Risk Level |
|---|---|
| Zone 1 | Highest risk, most activity |
| Zone 2 | High risk |
| Zone 3-9 | Progressively lower risk |
Important: Lava zone disclosure is particularly important on the Big Island (Hawaii Island) where volcanic activity is present.
Buyer's Rights
Review Period
| Right | Description |
|---|---|
| Receipt acknowledgment | Buyer signs receipt |
| Review period | Time to review disclosures |
| Right to rescind | If not received before acceptance |
| Request more info | Can ask seller for clarification |
If Disclosure Not Provided
If seller fails to provide disclosure:
| Consequence | Description |
|---|---|
| Buyer can rescind | Cancel contract |
| Extended period | Until disclosure provided |
| Potential liability | Seller may be liable for damages |
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Test Your Knowledge
What is a Special Management Area (SMA) in Hawaii?
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Test Your Knowledge
Which natural hazard disclosure is particularly important for properties on the Big Island?
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B
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D