Hawaii FSBO Disclosure Requirements (2026)

Hawaii's Real Property Disclosure Statement (HRS §508D) covers the primary requirements. Hawaii's distinctive disclosure items — leasehold status, Big Island lava flow zones, tsunami hazard areas, HARPTA non-resident withholding, and the 10-day buyer rescission period — reflect the state's unique geography, land tenure history, and geological character.

Hawaii Disclosure Framework

HRS §508D.11 requires the Real Property Disclosure Statement. Sellers deliver to buyers before or at contract; buyers have 10 calendar days to rescind after receipt. The 10-day period is among the longest in the US.

Leasehold Disclosure — Hawaii's Unique Issue

Leasehold property is a fundamental Hawaiian real estate concept. Large historic landowners (Bishop Estate/Kamehameha Schools, Queen Emma Land Company, James Campbell Company) retain land ownership and lease the surface rights to property owners for fixed terms. In fee simple, the buyer owns the land; in leasehold, the buyer owns only the improvement for the lease duration.

For leasehold properties, sellers must disclose:

Leasehold properties with less than 35–40 years remaining are difficult to finance conventionally. This is material to buyers.

Big Island Lava Flow Zone Disclosure

The Hawaii County Lava Flow Hazard Zone system classifies Big Island properties on a scale of 1–9 (1 = highest hazard). Kilauea's eastern rift zone (lower Puna district) has produced multiple lava flows that have destroyed subdivisions in recent decades.

The 2018 lower Puna eruption was catastrophic — lava from Kilauea's lower East Rift Zone destroyed over 700 homes in Leilani Estates and Lanipuna Gardens, and created a new black sand beach where Kapoho Bay once existed.

The Hawaii disclosure form asks about lava hazard zones. Sellers of Big Island property in Zones 1–3 must clearly disclose the zone. Zone 1 and 2 properties may have limited or no homeowner's insurance availability and may be ineligible for conventional mortgages.

Tsunami Hazard Zone Disclosure

Hawaii County Civil Defense, Honolulu DEM, and the Pacific Tsunami Warning Center maintain tsunami hazard zone maps. Coastal properties throughout Hawaii are in some level of tsunami zone.

Hawaii's historical tsunami impacts include:

Coastal sellers must disclose known tsunami zone designation.

Hurricane Damage Disclosure

Hurricane Iniki (1992, Category 4, direct hit on Kauai): Most destructive Pacific hurricane to hit Hawaii in modern times. Extensive structural damage across Kauai. Sellers of Kauai properties damaged in Iniki must disclose.

Hurricane Lane (2018): Major flooding on Hawaii Island (Hilo received over 50 inches in 4 days — a record) and Maui. Disclose any flooding damage.

2023 Lahaina Fire — Maui Sellers

The August 8–9, 2023 Lahaina wildfire was the deadliest US wildfire in over 100 years — 101 deaths, thousands of structures destroyed, the historic town of Lahaina effectively leveled. Sellers of Maui properties anywhere in West Maui must understand:

If your Maui property was affected in any way by the 2023 Lahaina Fire, comprehensive disclosure is mandatory.

HARPTA Non-Resident Withholding

Non-resident sellers (those who do not maintain Hawaii as their primary domicile) are subject to 7.25% HARPTA withholding on the gross sale price. For a $1M property, that's $72,500 withheld — even if the gain is far less. Apply for a reduced withholding certificate from the Hawaii Department of Taxation before closing.