Lead-Based Paint Disclosure (Sales & Leases) — Hawaii Edition Template

Federal law — Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, codified at 42 U.S.C. § 4852d, with implementing regulations at 24 C.F.R. Part 35 and 40 C.F.R. Part 745 — requires sellers and lessors of most housing built before 1978 to disclose known lead-based paint and lead-based paint hazards before the buyer or tenant is obligated under the contract. Noncompliance carries real teeth: civil penalties, potential treble damages to injured purchasers, and joint enforcement by EPA and HUD. Agents have independent duties under the rule to ensure compliance.

This template package covers both the sales and lease versions of the disclosure. It includes the seller's/lessor's disclosure of known lead-based paint and hazards (or affirmation of no knowledge), the records and reports acknowledgment, the buyer's acknowledgment of receipt of the EPA "Protect Your Family From Lead in Your Home" pamphlet, the buyer's 10-day risk assessment/inspection opportunity (which may be waived in writing in sales transactions), and the agent's acknowledgment of compliance duties — all with the certification-of-accuracy signature block the regulation requires each party to execute.

The 4-page package also includes a one-page compliance checklist for agents: which transactions are covered (pre-1978 "target housing"), the exemptions (0-bedroom dwellings, housing for the elderly, foreclosure sales, short-term leases of 100 days or less, and others), timing requirements, and the record-retention rule (keep executed disclosures for at least 3 years). Because this is a federal requirement the core language is uniform nationwide, but the included notes flag states that layer additional lead disclosure or inspection requirements on top of the federal floor.

About this Hawaii Edition: Every form names the brokerage firm, acting through its principal broker, as the contracting party and routes compensation through the firm, consistent with Hawaii's real estate license law (HRS Chapter 467) and the Hawaii Real Estate Commission's rules. Dual agency is permitted only with the informed written consent of both seller and buyer, so the agency consent document is drafted as a true disclosure-and-consent with an express opt-out and dated signature lines. The seller disclosure is built around HRS Chapter 508D (the mandatory seller disclosure statement, with its timing, update, and rescission mechanics) and adds island-specific items such as leasehold versus fee simple, lava zones, flood and tsunami zones, and cesspools. Electronic signatures are addressed under Hawaii's Uniform Electronic Transactions Act; because Hawaii has no dedicated broker lien statute, the compensation forms rely on contract remedies and escrow instructions. No association forms are reproduced.