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Hawaii Residential Real Estate



To many Hawaii homeowners, their private residences, whether primary or vacation homes, are their largest single purchase and investment, so it is easy to see why many property owners go to great lengths to preserve and safeguard the value of this major asset. When it comes to buying and selling residential real estate on the islands of Hawaii, these views particularly hold fast.

What Can a Full-Service Real Estate Lawyer Provide?

Mortgage closing, title examination and insurance, foreclosures, and short sales are some of the subjects homeowners and prospective home buyers frequently raise with their residential real estate attorneys in today’s economy. These issues may baffle property owners, causing anxiety that can be remedied with the assistance of Hawaii residential real estate attorneys, who aim to assist clients in achieving a smooth real estate transaction, without interruption or losses.

Hawaii real estate lawyers also routinely assist clients in obtaining financing from multiple lender sources. These professionals acquire title insurance for both clients and lenders, and provide legal services including the following:

  • Drafting and reviewing purchase contracts
  • Reviewing loan documents and contracts in preparation for closing
  • Noting problematic provisions in purchase contracts
  • Examining deeds and title history
  • Identifying liens, easements, encumbrances, and other clouds on title
  • Issuing a legal opinion on the condition of title
  • Acting as escrow agent by holding down payments or deposits until closing
  • Conducting the closing
  • Protecting the client’s legal rights at every stage of the Hawaii real estate transaction

Hawaii Real Estate Law Is Unique

Hawaii's real estate laws are as unique as its topography and architecture due to its island setting; the influx of tourists and investors; the large number of investment and vacation homes; environmental considerations, complex land use and permitting requirements; and many other distinct aspects of the state. Parties involved in residential real estate transactions in Hawaii need to prepare for unusual contingencies and are best served by consulting with local lawyers and real estate professionals to assist them.

Residential real estate sellers in Hawaii can expect a local real estate lawyer to provide them with the appropriate legally required selling disclosures, as well as a draft of the Hawaii Purchase Contract if there is no real estate agent or broker participating in the buy-sell transaction. For real estate purchasers, these lawyers can perform the due diligence required for a local property acquisition: they routinely review documentation of condominium complexes, title reports, and disclosures made by sellers.

Capable Hawaii real estate attorneys address the potential consequences and ramifications of a client’s decision to cancel a Hawaii Purchase Contract or to enter into a local Agreement of Sale. For homeowners selling their property without the assistance of a locally based real estate agent or broker, Hawaii residential real estate lawyers lend specific aid to the transaction. Finally, these attorneys are adept at handling encroachment agreements; customizing landlord-tenant agreements to local conditions; tailoring a standard Hawaii Rental Agreement to protect the property owner; providing eviction and summary possession services for lessors; and observing Hawaii water rights, unique to real estate transactions in the state.

Locate a Hawaii Real Estate Attorney Today

Hawaii residential real estate attorneys represent clients at all phases of the real estate transaction and, if necessary, in litigation arising from a sale. They lend value-added guidance to purchase transactions for buyers. Hawaii real estate lawyers draft, review, analyze, negotiate, and amend real estate contracts and closing documents to ensure the client’s best interests are safeguarded under the state’s real property and real estate laws. These lawyers help clients resolve challenges that might arise during title searches; in the process of securing financing; with property, tax, judgment, and other liens; or when costly repairs are needed after a home inspection. A residential real estate lawyer provides valuable counsel to clients and works closely with a team of real estate professionals, inspectors, appraisers, and title examiners to provide comprehensive services. Whether on Oahu, the Big Island, Maui, or beyond, call now to speak with a residential real estate lawyer in Hawaii at 877-913-7222.