Hawaii Real Estate Purchase and Sale Agreement (Investor PDF)
An investor-ready purchase and sale agreement drafted for Hawaii transactions, plus a plain-English summary of what Hawaii law expects in a residential purchase contract. Free PDF, no signup required.
Hawaii Purchase and Sale Agreement
Free PDF • Updated July 2026
Part of our free real estate investor forms library.
What Hawaii Requires in a Purchase Contract
These are the contract and disclosure requirements our research identified for Hawaii residential transactions, with statute citations. Requirements change; always confirm the current rule before closing.
Mandatory Seller Disclosure Statement
HRS ch. 508D (esp. 508D-4, 508D-5)
Seller must deliver a written disclosure statement within 10 calendar days of acceptance; buyer then has 15 calendar days to examine it and rescind by written notice with full deposit refund; failure to rescind within 15 days is deemed acceptance; parties may agree in writing to shorten or extend both periods.
Applies to: residential real property sales (exemptions at HRS 508D-3 include foreclosure sales, transfers to co-owners/family, court-ordered transfers, new construction sold with warranty in some cases)
Sea Level Rise Exposure Area Disclosure
HRS 508D-15 (as amended by Act 179, SLH 2021)
Disclosure statement must state whether the property lies within the sea level rise exposure area (SLR-XA) as designated by the Hawaii Climate Change Mitigation and Adaptation Commission, in addition to flood and special hazard zone disclosures.
Applies to: all residential sales subject to ch. 508D
HARPTA Withholding
HRS 235-68
Buyer must withhold 7.25% of the gross sales price when the seller is a non-Hawaii-resident person/entity and remit to the Department of Taxation (Form N-288); exemptions/reductions via seller certification (N-289) or withholding certificate; separate from and in addition to federal FIRPTA.
Applies to: all sales where transferor is a nonresident of Hawaii
Lead-Based Paint Disclosure (federal) Verbatim language required
42 U.S.C. 4852d; 24 CFR Part 35 / 40 CFR Part 745
Federal lead disclosure, pamphlet, and 10-day inspection opportunity rider for pre-1978 housing.
Applies to: pre-1978 residential
Hawaii Closing Practice at a Glance
| Deed convention | Warranty deed (no statutory form prescribed); 'apartment deed' for condominiums; limited warranty and quitclaim deeds for non-arm's-length transfers |
| Transfer tax | Conveyance tax (HRS ch. 247, Form P-64A/P-64B): graduated $0.10 to $1.00 per $100 of consideration ($600k to $10M+ brackets); higher schedule of $0.15 to $1.25 per $100 for condos/single-family where the buyer is ineligible for a county homeowner's exemption |
| Customary payer | seller (per HAR 18-247-1 the tax is imposed on the party conveying; buyer pays only when a government entity is the seller) |
| Attorney closing | Attorney not required for a typical closing. Escrow state - closings handled by licensed escrow depositories (HRS ch. 449). However, Hawaii conveyance documents (especially Land Court instruments) are customarily prepared by attorneys or licensed practitioners, so budget for document-preparation counsel even though attorney closing is not required. |
| Witness and notary | Deeds require notary acknowledgment for recording; no witnesses required. CRITICAL: Hawaii has dual recording systems at the single statewide Bureau of Conveyances - Regular System (notice) and Land Court/Torrens System (state-certified title, HRS ch. 501). Land Court documents must meet stricter Land Court Rules formatting and reference the Transfer Certificate of Title; using the wrong system voids constructive notice. |
More Investor Resources
Disclaimer: This template and summary are provided free for reference and educational purposes. Clearway Home Buyers is not a law firm and does not provide legal advice, and no attorney-client relationship is created by downloading or using these forms. Real estate law varies by state and by transaction. Review any form with a licensed Hawaii attorney before use. Read the full disclaimer.
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