2019 Hawaii Revised Statutes
TITLE 28. PROPERTY
503B. Time Share Commissioners of Deeds
503B-9 Liabilities; limitations on; official bond.
§503B-9 Liabilities; limitations on; official bond. (a) In the performance of a commissioned act, a commissioner's liability shall be limited to a failure by the commissioner to perform properly the actions required for oaths, acknowledgments, and proofs of execution. The commissioner's liability shall not be based on statements in a document apart from the commissioner's certificate.
(b) For the official misconduct or neglect of a commissioner or breach of any of the conditions of the commissioner's official bond, the commissioner and the surety on the commissioner's official bond shall be liable to the party injured thereby for all the damages sustained. The party shall have a right of action in the party's own name upon the bond and may prosecute the action to final judgment and execution. The liability of the surety shall not exceed the amount of the bond issued to the commissioner of deeds for whom the bond was issued. [L 2013, c 277, pt of §1]