reglab/housing_qa huggingface dataset:
HI Rev Stat § 508C-10 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508C. Uniform Environmental Covenants Act|508C-10 Amendment or termination by consent.

 §508C-10 Amendment or termination by consent. (a) An environmental covenant may be amended or terminated by consent; provided that the amendment or termination is signed by:  (1) The agency;  (2) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;  (3) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or [an] environmental court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and  (4) Except as otherwise provided in subsection (d)(2), the holder.  (b) If an interest in real property is subject to an environmental covenant, the interest shall not be affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.  (c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder shall be considered an amendment.  (d) Except as otherwise provided in an environmental covenant:  (1) A holder may not assign the holder's interest without consent of the other parties specified in subsection (a); and  (2) A holder may be removed and replaced by agreement of the other parties specified in subsection (a).  (e) [An] environmental court of competent jurisdiction may fill a vacancy in the position of a holder. [L 2006, c 279, pt of §2; am L 2014, c 218, §8]
HI Rev Stat § 508C-11 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508C. Uniform Environmental Covenants Act|508C-11 Enforcement of environmental covenant.

 §508C-11 Enforcement of environmental covenant. (a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:  (1) A party to the covenant;  (2) The department or any other agency specified in the covenant;  (3) Any person to whom the covenant expressly grants power to enforce;  (4) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or  (5) A county in which the real property subject to the covenant is located.  (b) This chapter shall not limit the regulatory authority of the department or any governmental unit under law other than this chapter with respect to an environmental response project.  (c) A person shall not be responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant. [L 2006, c 279, pt of §2]
HI Rev Stat § 508C-12 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508C. Uniform Environmental Covenants Act|508C-12 Registry.

 §508C-12 Registry. The department shall establish a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them that the department considers appropriate. The department shall make the registry available for public access electronically on its website or at another appropriate place. The registry is a public record for purposes of chapter 92F. [L 2006, c 279, pt of §2]
HI Rev Stat § 508C-13 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508C. Uniform Environmental Covenants Act|508C-13 Relation to Electronic Signatures in Global and National Commerce Act.

 §508C-13 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq.; provided that it shall not modify, limit, or supersede section 101 of that Act, 15 U.S.C. section 7001 (a), or authorize electronic delivery of any of the notices described in section 103 of that Act, 15 U.S.C. section 7003(b). [L 2006, c 279, pt of §2]
HI Rev Stat § 508D-2 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-2 Applicability.

  §508D-2 Applicability. Except as otherwise provided for in this chapter, this chapter applies to any sale of residential real property. The failure of the seller or the seller's agent to comply with this chapter shall not affect the validity of title to any residential real property sold. [L 1994, c 214, pt of §2; am L 1996, c 161, §2]
HI Rev Stat § 508D-3 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-3 Exemptions.

  §508D-3 Exemptions. This chapter shall not apply to the following sales of residential real property:  (1) Sale to a co-owner;  (2) Sale to a spouse, parent, or child of the seller;  (3) Sale by devise, descent, or court order;  (4) Sale by operation of law, including but not limited to any transfer by foreclosure, bankruptcy, or partition, or any transfer to a seller's creditor incident to a deed (or assignment) in lieu of foreclosure, workout, or the settlement or partial settlement of any preexisting obligation of a seller owed a creditor and any later sale of residential real property by such creditor;  (5) Sale by a lessor to a lessee resulting from conversion of leased land to fee simple;  (6) Initial sale of new residential real property pursuant to chapter 484 under a current public offering statement or chapter 484 exemption;  (7) Sales of condominium apartments or units accompanied by delivery of an unexpired developer's public report; or  (8) Sale of time share interests as defined under chapter 514E. [L 1994, c 214, pt of §2; am L 1995, c 172, §1; am L 1996, c 161, §3; am L 2001, c 224, §2; am L 2008, c 28, §31]
HI Rev Stat § 508D-4 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-4 Prohibitions on sales of residential real property.

  §508D-4 Prohibitions on sales of residential real property. Except as provided in section 508D-3, no seller may sell residential real property unless:  (1) Prior to the sale of such residential real property, a disclosure statement is:  (A) Signed and dated by the seller within six months before or ten calendar days after the acceptance of a real estate purchase contract by the buyer; and  (B) Delivered to the buyer as provided in section 508D-5;  (2) The buyer acknowledges receipt of the disclosure statement on the real estate purchase contract or in any addendum attached to the contract, or in a separate document; and  (3) The buyer is afforded the opportunity to examine the disclosure statement as provided in section 508D-5. [L 1994, c 214, pt of §2; am L 1996, c 161, §4]
HI Rev Stat § 508D-4.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-4.5 Release or waiver of construction defect.

  §508D-4.5 Release or waiver of construction defect. Any release from or waiver of liability, or release from a warranty by a seller to any government agency, contractor as defined in section 444-1, or engineer, architect, land surveyor, or landscape architect licensed to practice that profession under chapter 464, for any defect, mistake, or omission in the design or construction of any residential real property that measurably affects the value of the residential real property is a material fact that shall be contained in a disclosure statement. [L 2004, c 186, §1] Cross References  Contractor repair act, see chapter 672E.
HI Rev Stat § 508D-5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-5 Delivery of disclosure statement to buyer; procedures.

  §508D-5 Delivery of disclosure statement to buyer; procedures.  (a) No later than ten calendar days from acceptance of a real estate purchase contract, the seller, either directly or through the seller's agent, shall provide the disclosure statement to the buyer.  (b) Upon receipt of the disclosure statement, the buyer shall have fifteen calendar days to:  (1) Examine the disclosure statement; and  (2) Decide whether to rescind the real estate purchase contract.  If the buyer decides to rescind the real estate purchase contract, the buyer shall deliver to the seller directly or through the seller's agent within the fifteen-day period written notification of the buyer's decision to rescind the real estate purchase contract. Failure to deliver the written notification to the seller within the fifteen-day period shall be deemed an acceptance of the disclosure statement. Any rescission made pursuant to this subsection shall be without loss of deposits to the buyer which deposits shall be immediately returned to the buyer.  (c) The seller and buyer may agree in writing to reduce or extend the time period provided for the delivery or examination and rescission period. The form of the receipt for the disclosure statement required by section 508D-4(2) shall provide that the buyer shall have the right to examine the disclosure statement and to rescind the real estate purchase contract in accordance with this section. [L 1994, c 214, pt of §2; am L 1996, c 161, §5]
HI Rev Stat § 508D-6 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-6 Later discovered inaccurate information.

  §508D-6 Later discovered inaccurate information. Prior to closing the real estate purchase contract, a buyer who receives a disclosure statement that fails to disclose a material fact or contains an inaccurate assertion that directly, substantially, and adversely affects the value of the residential real property, and who was not aware of the foregoing failure or inaccuracy, may elect in writing to rescind the real estate purchase contract within fifteen calendar days of the earlier to occur of:  (1) The discovery of the failure or inaccuracy; or   (2) The receipt of an amended disclosure statement correcting the failure or inaccuracy, in the manner provided by section 508D-5(b) or (c). The buyer's right to rescind the real estate purchase contract under this section shall not apply if the sale of the residential real property has been recorded; provided that the buyer may pursue all additional remedies provided by law. [L 1994, c 214, pt of §2; am L 1996, c 161, §6; am L 2001, c 224, §3]
HI Rev Stat § 508D-7 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-7 Seller's agent's duties and responsibilities for disclosure.

  §508D-7 Seller's agent's duties and responsibilities for disclosure. (a) Any person or entity acting in the capacity of an escrow agent for the sale of residential real property subject to this chapter, shall not be deemed the agent of the seller or buyer for purposes of the disclosure requirements of this chapter unless the seller or buyer and the escrow agent agree in writing to the establishment of the agency for such purpose.  (b) When a seller's agent cannot obtain the disclosure statement and does not have written assurances from the buyer that the disclosure statement was received, the seller's agent shall notify the buyer in writing of the buyer's rights to the disclosure statement and rights of rescission provided by this chapter. However, the seller's agent shall not be required to prepare the disclosure statement. The seller's agent responsible for delivering the disclosure statement, or the aforesaid written notification of the buyer's rights if applicable, shall maintain a record of the action taken by that agent to effect compliance.  (c) If the seller's agent is or becomes aware of any material facts inconsistent with or contradictory to the disclosure statement or the inspection report of a third party provided by the seller, the seller's agent shall disclose these facts to the seller, the buyer, and the buyer's agent. Nothing in this chapter precludes all other obligations of the seller's or the buyer's agent under Hawaii law. [L 1994, c 214, pt of §2; am L 1996, c 161, §7; am L 2001, c 224, §4]
HI Rev Stat § 508D-8 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-8 Excluded facts from the disclosure statement.

  §508D-8 Excluded facts from the disclosure statement. Except as otherwise provided by law, the fact that:  (1) An occupant of the residential real property was afflicted with acquired immune deficiency syndrome (AIDS) or AIDS related complex, or had been tested for human immunodeficiency virus; or  (2) The residential real property was the site of an act or occurrence that had no effect on the physical structure or the physical environment of the residential real property, or the improvements located on the residential real property; may be excluded from the disclosure statement. This information shall not be deemed a material fact for purposes of the disclosure statement. [L 1994, c 214, pt of §2; am L 1996, c 161, §8]
HI Rev Stat § 508D-9 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-9 Good faith and due care in preparing the disclosure statement.

  §508D-9 Good faith and due care in preparing the disclosure statement. (a) A seller or the seller's agent shall prepare the disclosure statement in good faith and with due care. A buyer shall have no cause of action against a seller or seller's agent for, arising out of, or relating to the providing of a disclosure statement when the disclosure statement is prepared in good faith and with due care. For purposes of this section, "in good faith and with due care" includes honesty in fact in the investigation, research, and preparation of the disclosure statement and may include information on the following:  (1) Facts based on only the seller's personal knowledge;  (2) Facts provided to the seller by governmental agencies and departments;  (3) Existing reports prepared for the seller by third-party consultants, including without limitation a:  (A) Licensed engineer;  (B) Land surveyor;  (C) Geologist;  (D) Wood-destroying insect control expert; or  (E) Contractor, or other home inspection expert;  dealing with matters within the scope of the professional's license or expertise for the purpose of the disclosure statement; and  (4) Facts provided to the seller by a managing agent of a homeowner's association, including without limitation, a condominium, cooperative, or community association. Notwithstanding this subsection, a seller or seller's agent shall be under no obligation to engage the services of any person in the investigation, research, or preparation of the disclosure statement. The failure to engage the services of any such person for this purpose shall not be deemed an absence of good faith or due care by the seller or the seller's agent in the investigation, research, or preparation of the disclosure statement. The delivery to the buyer of reports or facts within the scope of paragraph (2), (3), or (4) after the date of the initial disclosure statement shall be considered an amendment of the disclosure statement.  (b) The representations contained in the disclosure statement shall be construed to be made only to, and for the benefit of, the buyer and shall be deemed accurate only as to the time when made, except as otherwise provided in section 508D-13. [L 1994, c 214, pt of §2; am L 1996, c 161, §9; am L 2001, c 224, §5; am L 2013, c 186, §4]
HI Rev Stat § 508D-10 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-10 REPEALED.

  §508D-10 REPEALED. L 2001, c 224, §8.
HI Rev Stat § 508D-10.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-10.5 Energy-efficiency consumer information in sale or lease of real property. Prior to the sale of residential real property, the property owner shall make a good faith declaration of electricity cost based on the most recent three-month period in which the property was occupied prior to the date of the seller's disclosure, pursuant to chapter 508D. This declaration shall only apply where the owner directly pays the electrical utility bills, and shall not apply in the case of a foreclosure of residential real property or where there are no electrical utility accounts associated with the property. [L 2009, c 155, pt of §11]

  §508D-10.5 Energy-efficiency consumer information in sale or lease of real property. Prior to the sale of residential real property, the property owner shall make a good faith declaration of electricity cost based on the most recent three-month period in which the property was occupied prior to the date of the seller's disclosure, pursuant to chapter 508D. This declaration shall only apply where the owner directly pays the electrical utility bills, and shall not apply in the case of a foreclosure of residential real property or where there are no electrical utility accounts associated with the property. [L 2009, c 155, pt of §11]
HI Rev Stat § 508D-11 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-11 Disclosure form.

  §508D-11 Disclosure form. In addition to the other information required by this chapter, the form for the disclosure statement shall include the following:  (1) A notice to the buyer that the buyer may wish to obtain professional advice and inspections of the residential real property;  (2) A notice to the buyer that the information contained in the disclosure statement is the representation of the seller and not the representation of the seller's agent (except as to those representations, if any, specifically identified as being made by the seller's agent and not by the seller); and  (3) A notice of the buyer's rescission rights pursuant to this chapter. [L 1994, c 214, pt of §2; am L 1996, c 161, §11; am L 2001, c 224, §6]
HI Rev Stat § 508D-12 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-12 Indication of receipt of disclosure statement.

  §508D-12 Indication of receipt of disclosure statement. (a) The buyer shall indicate receipt of the seller's disclosure statement on the real estate purchase contract, or in any addendum attached to the contract, or in a separate document.  (b) Receipts taken for the disclosure statement shall be kept on file in possession of the seller or seller's agent for a period of three years from the date the receipt was taken. [L 1994, c 214, pt of §2; am L 1996, c 161, §12]
HI Rev Stat § 508D-13 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-13 Later material facts.

  §508D-13 Later material facts. Information in a disclosure statement that has not been disclosed or becomes inaccurate regarding a material fact as a result of an act, agreement, or occurrence (or otherwise becomes known to seller) after the statement is provided to the buyer does not violate this chapter. However, if such information directly, substantially, and adversely affects the value of the residential real property, the seller shall provide an amended disclosure statement to the buyer disclosing the material fact within ten calendar days after the seller's discovery of such information if the seller discovers such information prior to the recorded sale of the residential real property, and in any event, no later than twelve noon of the last business day prior to the recorded sale of the real property. The buyer shall have fifteen calendar days to examine the amended disclosure statement and, if the buyer was not already aware of such information, to rescind the real estate purchase contract in accordance with section 508D-5(b) or (c). The buyer's right to rescind the real estate purchase contract under this section shall not apply if the sale of the residential real property has been recorded; provided that the buyer may pursue all additional remedies provided by law. [L 1994, c 214, pt of §2; am L 1995, c 108, §2; am L 1996, c 161, §13; am L 2001, c 224, pt of §7]
HI Rev Stat § 508D-14 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-14 Additional disclosure requirements.

  §508D-14 Additional disclosure requirements. The requirements of this chapter are in addition to all other disclosure obligations of the seller required by law relating to the sale of residential real property. [L 1994, c 214, pt of §2; am L 1996, c 161, §14; am L 2001, c 224, pt of §7]
HI Rev Stat § 508D-16 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-16 Remedies; voidable contracts.

  §508D-16 Remedies; voidable contracts. (a) A buyer may elect to complete the purchase of residential real property even if the seller fails to comply with the requirements of this chapter. After recordation of the sale of residential real property, a buyer shall have no right under this chapter to rescind the real estate purchase contract despite the seller's failure to comply with the requirements of this chapter.  (b) When the buyer is provided a disclosure statement prepared and delivered in accordance with this chapter and the buyer decides to rescind the real estate purchase contract, the buyer shall not be entitled to any damages but shall be entitled to the immediate return of all deposits.  (c) In addition to the rights of rescission granted to the buyer under this chapter, when the seller negligently fails to provide the disclosure statement required by this chapter, the seller shall be liable to the buyer for the amount of the actual damages, if any, suffered as a result of the seller's negligence.  (d) In addition to the remedies allowed under subsection (b) or (c), a court may also award the prevailing party attorney's fees, court costs, and administrative fees. [L 1994, c 214, pt of §2; am L 1996, c 161, §16]
HI Rev Stat § 508D-16.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-16.5 Rescission.

  §508D-16.5 Rescission. Notwithstanding anything to the contrary in this chapter, any action for rescission brought under this chapter shall commence prior to the recorded sale of the real property. [L 1995, c 108, §1]
HI Rev Stat § 508D-17 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-17 Limitation of actions.

  §508D-17 Limitation of actions. (a) Any action brought under this chapter shall commence within two years from the date the buyer received the disclosure statement; provided that if no disclosure statement was delivered to the buyer, then the action shall commence within two years of the recorded sale of the residential real property.  (b) This chapter supersedes all other laws relating to the time for commencement of actions for failure to make the disclosures required by this chapter. [L 1994, c 214, pt of §2; am L 1996, c 161, §17]
HI Rev Stat § 508D-18 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-18 Alternative dispute resolution.

  §508D-18 Alternative dispute resolution. If the real estate purchase contract provides for alternative dispute resolution, then prior to filing an action in any court to enforce this chapter, a seller or buyer shall first submit the claim to alternative dispute resolution as required in the real estate purchase contract. [L 1994, c 214, pt of §2; am L 1996, c 161, §18]