Seller Property Condition Disclosure Statement — Hawaii Edition Template

Most states statutorily require sellers of residential real property to deliver a written property condition disclosure to buyers — and even in "caveat emptor" states, failure to disclose known material defects can support fraud and misrepresentation claims. This comprehensive Seller Property Condition Disclosure Statement gives sellers a structured, defensible way to disclose what they actually know, and gives agents a paper trail showing the disclosure obligation was taken seriously.

The 8-page template walks the seller through every major system and condition category: structural components (foundation, roof, walls), water intrusion and drainage history, plumbing, electrical, HVAC, well and septic systems, environmental conditions (asbestos, radon, mold, underground storage tanks), pest and wood-destroying-insect history, boundary and easement issues, HOA and assessment obligations, insurance claims history, and known material defects not otherwise covered. Each item uses the Yes / No / Unknown / Not Applicable convention used in most statutory disclosure regimes, with space for narrative explanation.

State disclosure laws vary enormously — New York's Property Condition Disclosure Act (RPL Art. 14, § 462) was amended in 2024 to eliminate the old $500 credit escape hatch and now requires actual delivery of the disclosure; California's Transfer Disclosure Statement (Cal. Civ. Code § 1102 et seq.) is mandatory and has its own prescribed format; other states have their own statutory forms. The included 50-state variation notes flag where a state-prescribed form is mandatory (in which case this template serves as a supplemental disclosure or preparation worksheet) versus where a general disclosure like this one satisfies the obligation. Template only — always confirm your state's current statutory form requirements.

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.