2023 Hawaii Revised Statutes
Title 28. Property
508D. Mandatory Seller Disclosures in Real Estate Transactions
508D-15 Notification required; ambiguity.
§508D-15 Notification required; ambiguity. (a) When residential real property lies within:
(1) The boundaries of a special flood hazard area as officially designated on flood maps promulgated by the National Flood Insurance Program of the Federal Emergency Management Agency for the purposes of determining eligibility for emergency flood insurance programs;
(2) The boundaries of the noise exposure area shown on maps prepared by the department of transportation in accordance with Federal Aviation Regulation part 150, Airport Noise Compatibility Planning (14 C.F.R. part 150), for any public airport;
(3) The boundaries of the Air Installation Compatible Use Zone of any Air Force, Army, Navy, or Marine Corps airport as officially designated by military authorities;
(4) The anticipated inundation areas designated on the department of defense's emergency management tsunami inundation maps; or
(5) The sea level rise exposure area as designated by the Hawaii climate change mitigation and adaptation commission or its successor,
subject to the availability of maps that designate the five areas by tax map key (zone, section, parcel), the seller shall include the material fact information in the disclosure statement provided to the buyer subject to this chapter. Each county shall provide, where available, maps of its jurisdiction detailing the five designated areas specified in this subsection. The maps shall identify the properties situated within the five designated areas by tax map key number (zone, section, parcel) and shall be of a size sufficient to provide information necessary to serve the purposes of this section. Each county shall provide legible copies of the maps and may charge a reasonable copying fee.
(b) When residential real property lies adjacent to the shoreline, the seller shall disclose all permitted and unpermitted erosion control structures on the parcel, expiration dates of any permitted structures, any notices of alleged violation associated with the parcel, and any fines for expired permits or unpermitted structures associated with the parcel.
(c) When it is questionable whether residential real property lies within any of the designated areas referred to in subsection (a) due to the inherent ambiguity of boundary lines drawn on maps of large scale, the ambiguity shall be construed in favor of the seller; provided that a good faith effort has been made to determine the applicability of subsection (a) to the subject real property.
(d) Except as required under subsections (a), (b), and (c) and section 508D-3.5, the seller shall have no duty to examine any public record when preparing a disclosure statement. [L 1994, c 214, pt of §2; am L 1996, c 161, §15; am L 2001, c 224, pt of §7; am L 2008, c 191, §3; am L 2013, c 186, §5; am L 2014, c 111, §28; am L 2018, c 18, §32; am L 2021, c 179, §2; am L 2023, c 231, §2]
