Seller's Real Property Disclosure Statement (SRPDS), issued under Hawaii Revised Statutes Chapter 508D ("Mandatory Seller Disclosures in Real Estate Transactions," HRS 508D-1 through 508D-17), enforced by the Hawaii Real Estate Commission (HAREC) within the Dept. of Commerce and Consumer Affairs — Hawaii Revised Statutes Chapter 508D, enacted 1994, amended multiple times (notably 2008, retroactive to July 1, 2006; and 2023, adding section 508D-4.5 on construction-defect liability waivers). Federal Lead-Based Paint Disclosure Rule (42 U.S.C. 4852d; 24 CFR Part 35, Subpart A; Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992) applies concurrently to pre-1978 housing.
Hawaii is NOT a caveat emptor state for residential real estate — it has a genuine affirmative statutory disclosure regime. Under HRS Chapter 508D, sellers of residential real property (1-4 dwelling units, including condos, co-ops, and fee-simple timeshares) must complete and deliver a written Seller's Real Property Disclosure Statement (SRPDS). Sellers must "fully and accurately disclose all material facts" — defined in 508D-1 as any fact, defect, or condition, past or present, expected to measurably affect the property's value to a reasonable person — that are within the seller's actual knowledge, observable from visible/accessible areas, or specifically required by statute (e.g., 508D-4.5 requires disclosing any release/waiver of construction-defect liability given to a contractor, engineer, architect, surveyor, or landscape architect). The disclosure must be signed within six months before or ten calendar days after purchase-contract acceptance and delivered to the buyer (508D-5). The buyer then has 15 calendar days from receipt to rescind the contract (508D-15). If the seller negligently fails to disclose, the buyer can recover actual damages, and courts may award attorney's fees and costs to the prevailing party (508D-16); once the sale is recorded, the buyer loses the right to rescind under the chapter. On top of HRS 508D, federal law separately requires a Lead-Based Paint disclosure and the EPA "Protect Your Family From Lead In Your Home" pamphlet for any home built before 1978, plus a Lead Warning Statement and a 10-day window for the buyer to conduct a lead inspection/risk assessment if desired.
Chapter 508D has been amended incrementally rather than overhauled. The most notable substantive recent change is the addition of HRS 508D-4.5 (Release or waiver of construction defect), enacted via a 2023 act, which makes any release/waiver of construction-defect liability given by the seller to a government agency, contractor, or licensed design professional (engineer, architect, surveyor, landscape architect) a mandatory disclosable "material fact." A review of the 2024, 2025, and 2026 Hawaii legislative sessions found no further enacted amendments specifically to Chapter 508D's disclosure obligations, disclosure form, or exemptions as of mid-2026 — the statute's current published version (2025 Hawaii Revised Statutes) reflects the 2023 changes as the most recent substantive update. Sellers and agents should still verify current bill activity each session via the Hawaii State Legislature's site (capitol.hawaii.gov) since real estate disclosure/consumer-protection bills are introduced periodically even when they do not pass.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.