Buyer & seller resources
Hawaii real estate
forms, explained
Almost every home sale in Hawaii runs on the same few Hawaii Association of REALTORS® standard forms. Here’s what each one does, section by section, in plain English, so you know what you’re signing before you sign it.
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The forms below are copyrighted by the Hawaii Association of REALTORS® and licensed for use by REALTOR® members, so you won’t find blank copies here. What you will find is what each part means and where the deadlines and decisions are. When you’re ready to use one, we fill it out with you and send it for electronic signature.
The Purchase Contract
The Purchase Contract (older agents still call it the DROA, for Deposit Receipt Offer and Acceptance) is the offer a buyer writes and the agreement both sides sign. It’s about 14 pages, organized into sections lettered A through T. It isn’t a state form. It’s the industry standard, and nearly every resale in Hawaii uses it.
One thing to know up front: the Hawaii Purchase Contract is an as-is contract by default. The seller isn’t required to fix anything. The buyer’s protection comes from contingencies, the deadlines in which the buyer can review something and cancel if it isn’t acceptable.
Section by section
| Section | What it covers |
|---|---|
| A. Agency | Who represents whom: seller’s brokerage, buyer’s brokerage, the same brokerage for both (dual agency, which needs a separate consent form), or no representation. |
| B. Initial deposit | How and when the buyer’s earnest money gets to escrow. These days it’s usually a wire within a few business days of acceptance. |
| C. Offer and price | The price, how it’s paid (deposits, cash, loan, 1031 proceeds), and the deadline for the seller to respond. |
| D. Addenda | Which add-on forms are attached, such as an as-is addendum, 1031 exchange, dual agency consent, or lead paint disclosure for homes built before 1978. |
| E. Property | The legal description and tax map key, what’s included (appliances, fixtures, solar), what’s excluded, and whether it’s sold furnished. |
| F. Closing | The closing date, the escrow company, how closing costs are split, and whether either side gets a one-time right to extend. |
| G. Title | The buyer’s window to review the preliminary title report and object to problems. |
| H. Cash and financing | Whether the purchase depends on a loan or on getting cash from somewhere else, and the deadlines for proof of funds or loan approval. |
| I. Seller’s disclosures | The seller’s duty to deliver the Seller’s Real Property Disclosure Statement and other disclosures, including flood zone and sea level rise exposure. |
| J. Inspection | The buyer’s inspection period, how repair or credit requests work, and the final walk-through. For most buyers this is the most important section. |
| K. Survey | Whether the lot gets staked or surveyed, who pays, and what happens if a fence or wall crosses the line. Usually not relevant for condos. |
| L. Termites | The termite inspection, who orders it, who pays for treatment if termites are found. |
| M. Association documents | For condos and HOA properties, the seller delivers the governing documents, budget, minutes and so on, and the buyer gets a review period. |
| N. Rentals | Whether the property comes with tenants or vacation rental bookings, and who gets the rents and deposits. |
| O. Termination and disputes | How either side can cancel, what happens to the deposit, and the mediation and arbitration process if there’s a dispute. |
| P. HARPTA and FIRPTA | Tax withholding at closing when the seller isn’t a Hawaii resident (7.25% under HARPTA) or isn’t a U.S. person (FIRPTA). |
| Q. Special terms | Anything the standard language doesn’t cover, like an appraisal gap clause, a rent-back, or a specific repair. |
| R. Brokerage disclaimers | What the agents are and aren’t responsible for. They don’t guarantee value, condition, or tax results. |
| S. General provisions | Definitions, how deadlines are counted, electronic signatures, and other boilerplate. |
| T. Seller’s response | Where the seller accepts, counters, or rejects. |
Section letters follow the current HAR form. The association revises its forms from time to time, so your contract may differ slightly.
The deadlines that matter
- Seller disclosure: Hawaii law requires the seller to deliver the disclosure statement no later than 10 calendar days after acceptance. The buyer then has 15 calendar days to review it and can cancel in writing during that window.
- Inspection: negotiated, commonly 10 to 14 days. If the buyer waives it, they give up most of their ability to ask for repairs or walk away over condition.
- Title, financing and association documents: each has its own review period written into the contract.
- Closing: 30 to 60 days is typical for a financed purchase. Cash can be faster.
Miss a contingency deadline and you usually lose that protection, so the dates matter more than most of the fine print.
The Exclusive Right-to-Sell Listing Contract
This is the agreement between a seller and the brokerage that lists the property. “Exclusive right to sell” means one brokerage handles the listing, and the listing fee is earned if the property sells during the term, no matter who finds the buyer. It’s the standard listing type in Hawaii. Since the 2024 NAR settlement changes, the agreement has to be in writing before an agent markets your home, and every fee in it is spelled out and negotiated up front.
What’s in it
| Part | What to look at |
|---|---|
| Term | Start and end dates. Shorter terms keep the agent accountable; very short terms can make it hard to run a full campaign. |
| List price | Your asking price. It can be changed by written amendment. |
| Listing fee | What you pay the listing brokerage, as a percentage or flat amount, plus Hawaii general excise tax. Fully negotiable. |
| Buyer’s agent compensation | Whether you’ll offer to pay part of the buyer’s agent fee, and how much. This is your decision, and it’s no longer advertised on the MLS. |
| Marketing authorizations | What the brokerage may do: put the listing on the MLS, use a lockbox and sign, take photos, hold open houses, share the listing with other sites. |
| Protection period | If someone who saw the property during the listing buys it within a set time after the listing ends, the fee may still be owed. Check the length. |
| Prior prospects | If you’re coming from another listing, you give the new brokerage the list of buyers your old agent is protected on, so you don’t owe two fees. |
| Seller’s promises | That you have authority to sell, aren’t under another listing, and will disclose what you know about the property. |
| Agency | How the brokerage handles it if one of its own agents brings a buyer (dual agency), which needs your consent. |
Questions to ask before you sign
- What’s the total I’ll pay if this sells at list price, including any buyer’s agent compensation and GET?
- Can I cancel if I’m unhappy with the service, and what does that cost?
- How long is the protection period after the listing ends?
- Where will the listing appear, and when?
- What happens if the brokerage represents the buyer too?
Coming next
We’re adding plain-English guides to the Buyer Representation Contract, the Seller’s Real Property Disclosure Statement, counter offers and common addenda, along with the option to complete and e-sign them with us online.
Questions about buying or selling in Hawaii? Call or text 808-866-6593, or start here: buying → | selling →
This page is general information, not legal advice. Sources: Hawaii Revised Statutes Chapter 508D (mandatory seller disclosures); Hawaii Association of REALTORS® Standard Forms Library; Hawaii Department of Taxation (HARPTA); U.S. EPA (lead-based paint disclosure).
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