Hawaii FSBO Disclosure Requirements (2026)

Hawaii Disclosure Law

Hawaii Revised Statutes Chapter 508D requires sellers to provide a written Seller's Disclosure Statement to buyers before or at execution of the purchase contract.

What Must Be Disclosed

Structural defects: roof, foundation, walls

Plumbing, electrical, and HVAC systems

Water intrusion or moisture damage

Termite or pest damage (very common in Hawaii's climate)

Lava zone classification (Big Island — critical for insurance and financing)

Leasehold status and ground lease terms

HOA fees, special assessments, or pending litigation

Any encumbrances, easements, or boundary disputes

Flood zone status

Lava Zone Disclosure

Big Island sellers in Lava Zones 1 and 2 must disclose the zone classification. Properties in these zones may be uninsurable or face very high insurance premiums. This is a material fact regardless of whether the form specifically asks.

Leasehold Disclosure

Leasehold properties must fully disclose lease terms, expiration dates, and ground rent amounts. Failure to disclose leasehold status is grounds for rescission.

HARPTA (Non-Resident Withholding)

While not a disclosure per se, non-resident sellers must notify buyers of HARPTA withholding obligations. Buyers are legally required to withhold 7.25% of the gross sale price for non-resident sellers.

Penalties

Under HRS §508D, failure to provide the disclosure statement entitles the buyer to rescind before closing. Knowing omissions of material facts expose sellers to fraud liability.

Find the Hawaii disclosure form via the Hawaii disclosure guide.