STAND. COM. REP. NO.  709-12

Honolulu, Hawaii

                , 2012

RE:   H.B. No. 518

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 518, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ACCESS TO REAL PROPERTY,"

begs leave to report as follows:

The purpose of this measure is to protect purchasers of residential and agricultural real property by requiring the seller or the seller's agent to disclose to the buyer in writing the existence of any specified access that burdens or may burden the property.

The Hawaii Association of REALTORS and two individuals supported this bill.  The Land Use Research Foundation of Hawaii opposed this measure.

     Your Committee has amended this measure by:

     (1)  Requiring that the disclosure be prepared in good faith and with due care in accordance with established law;

     (2)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 518, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 518, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ROBERT N. HERKES, Chair