Selling your home without an agent inHawaii

HRS § 508D-2

Except as otherwise provided in Chapter 508D, Hawaii’s mandatory seller-disclosure chapter applies to any sale of residential real property.

HRS § 508D-5(a)

For a covered Hawaii residential sale, the seller must provide the disclosure statement to the buyer no later than ten calendar days after acceptance of the purchase contract.

HRS § 508D-5(b)

After receiving the Hawaii disclosure statement, a covered buyer has fifteen calendar days to examine it and decide whether to rescind; rescission requires written notice within that period.

Ordinance 22-6 § 2; § 34-15.2(a)

Applies in Honolulu County

Honolulu residential-property seller disclosure duties apply in addition to Hawaii Chapter 508D.

Ordinance 22-6 § 2; § 34-15.2(b)

Applies in Honolulu County

A Honolulu residential seller must use the department-prescribed route to disclose whether STR operation is a legal use for the property and the reasons.

Ordinance 22-6 § 2; § 34-15.2(d)

Applies in Honolulu County

The seller must deliver the Honolulu STR disclosure and any triggered evidence before the buyer executes the purchase contract.

42 U.S.C. § 4851b(27)

Federal lead-disclosure law generally defines target housing as housing constructed before 1978, subject to the statutory elderly, disability, zero-bedroom, child-occupancy, and jurisdiction-specific exceptions.

42 U.S.C. § 4852d(a)(1)(B)

Before a purchaser or lessee is contractually obligated for target housing, the seller or lessor must disclose known lead-based paint or hazards and provide available lead-hazard evaluation reports.

42 U.S.C. § 4852d(a)(1)(C)

For a target-housing sale, the seller must permit the purchaser a 10-day lead risk-assessment or inspection period unless the parties mutually agree to a different period.

HRS § 508D-3.5(a)

If Hawaii residential property offered for sale is subject to a recorded declaration, the seller must provide the applicable governing documents and amendments or supplements required by § 508D-3.5.

Ordinance 5300 § 10; MCC § 19.65.070(B)

Applies in Maui County

The ordinance requires an STRH renewal application at least sixty days before permit expiration and bars acceptance after that point.

DPP FAQ > NUC transfer

Applies in Honolulu County

DPP says a new owner, operator, or proprietor may renew an issued NUC if renewal occurs before expiration.

DPP FAQ > ownership/operator changes

Applies in Honolulu County

Current DPP guidance says a property-ownership or STR-operator change requires a new registration.

DPP FAQ > STR registration

Applies in Honolulu County

Current DPP guidance says STRs are permitted only in resort-zoned areas and areas shown under Ordinance 25-52.

DPP FAQ > verify allowed

Applies in Honolulu County

DPP directs reviewers to the STR Eligibility Map and, if uncertain, a zoning-verification request for nonconforming status.

DPP FAQ > who registers

Applies in Honolulu County

DPP says an owner or operator renting a unit in an eligible area for fewer than 30 days must register each covered unit.

Ordinance 22-6 § 2; § 34-15.2(c)

Applies in Honolulu County

If the property is being used as an STR on the disclosure date, the seller must also provide the specified legal-use and tax evidence.

Ordinance 22-6 § 2; § 34-15.2(c)(1)

Applies in Honolulu County

The current-STR evidence includes the applicable permit, NUC, or STR-registration number.

Ordinance 22-6 § 2; § 34-15.2(c)(2)

Applies in Honolulu County

The current-STR trigger also requires tax clearances evidencing payment of general-excise and transient-accommodation taxes owed to date.

Ordinance 22-6 § 2; § 34-15.2(e)

Applies in Honolulu County

When legal STR use was disclosed, the seller must submit the identified property information and copies of buyer-delivered materials to DPP within seven days after closing.

Ordinance 5300 § 10; MCC § 19.65.070(A)

Applies in Maui County

An initial Maui County STRH permit is valid for no more than three years and may be approved for a shorter period.

Ordinance 5300 § 6; MCC § 19.65.030(G)

Applies in Maui County

A Maui County STRH permit is issued to an applicant who is a natural person or persons holding at least a 50 percent legal-title interest, subject to the ordinance’s entity and trust provisions.

Ordinance 5300 § 6; MCC § 19.65.030(I)

Applies in Maui County

When a Maui County STRH permit is held by a trust, Ordinance 5300 identifies transfer routes to a qualifying successor trustee or beneficiary.

Ordinance 5300 § 6; MCC § 19.65.030(I)

Applies in Maui County

A Maui County STRH permit is generally not transferable; the ordinance identifies a death-to-immediate-family exception.

Ordinance 5300 § 6; MCC § 19.65.030(O)

Applies in Maui County

The STRH permit route requires the single-family dwelling and the applicant’s ownership each to meet the ordinance’s fifteen-year pre-application period.

Ordinance 5909 § 1

Applies in Maui County

Maui County Ordinance 5909 establishes a future phaseout of transient vacation rentals in Apartment Districts after an amortization period.

Ordinance 5909 § 4; MCC § 19.12.070(C)

Applies in Maui County

The Apartment District TVR phaseout exempts validly existing timeshare units, uses operating within a variance, and uses otherwise permitted by law.

Short Term Rentals > Resources

Applies in Maui County

Maui County’s current short-rentals page identifies Ordinance 5300, effective November 26, 2021, as the latest ordinance amending the Chapter 19.65 STRH permit rules.