HOUSE OF REPRESENTATIVES	H.B. NO.	2819
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to real property disclosures.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this Act is to require the seller of a residential home to disclose to the buyer any zoning violations, inconsistencies or nonconformities with zoning laws or general plans, and the existence or absence of any variances.

     SECTION 2.  Chapter 508D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§508D-    Disclosure of violations, inconsistencies, or nonconformities in zoning. Any violations of zoning laws, inconsistencies or nonconformities with zoning laws or general plans, and the existence or absence of any variances shall be provided on the disclosure statement."

     SECTION 3.  Section 508D-1, Hawaii Revised Statutes, is amended by amending the definition of "disclosure statement" to read as follows:

     ""Disclosure statement" means a written statement prepared by the seller, or at the seller's direction, that purports to fully and accurately disclose all material facts relating to the residential real property being offered for sale that:

     (1)  Are within the knowledge or control of the seller;

     (2)  Can be observed from visible, accessible areas; or

     (3)  Are required to be disclosed under sections 508D-4.5, 508D-   , and 508D-15.

If the residential real property being offered for sale is in a planned community as defined in section 421J-2, "disclosure statement" includes the planned community declaration and association documents as those terms are defined in section 421J-2, and if the property is otherwise subject to restrictions or conditions on use, either because of covenants contained in the deed for the property or because of another recorded document, the disclosure statement shall also include all documentation relating to any restrictions or conditions, including but not limited to any unrecorded rules or guidelines that may have been issued by any entity responsible for enforcing those restrictions or conditions.  Except for the disclosures required under section 508D-15 and this definition, no seller shall have any duty to examine any public records when preparing a disclosure statement."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Real Property Disclosure

Description:

Requires the seller of a residential home to disclose to a buyer any violations, inconsistencies, or nonconformities with zoning laws or general plans, as well as the existence or absence of any variances.

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