Hawaii Laws
Requirement to Record: Options to purchase do not need to be recorded to be enforceable between the original parties. However, recording establishes protections against third parties.[1][2]
Expiration: Hawaii law does not specifically address the expiration of constructive notice.
Maximum Term: When the option is created, it must vest or terminate no later than twenty-one years after the death of an individual then alive; or within ninety years after its creation.[3]
No Duration: An option without a clearly defined duration is invalid.
Signing Requirements: Must be in writing and signed by the seller.[4]
Required Disclosures (4)
1. General Excise Tax Number – The landlord must provide their general excise tax number to tenants, which allows them to apply for a low-income tax credit.[5]
- Tax Number Search – Click the link titled “Search Tax Licenses.” After entering the landlord’s name, a number should appear starting with “GE” and followed by 12 characters.
2. Landlord’s Name and Address – The landlord must disclose any persons allowed onto the premises.[6]
3. Lead-Based Paint Disclosure & EPA Pamphlet – Federal law requires all landlords/managers to disclose this to all new tenants if the property was constructed before 1978.[7]
4. Move-in Condition Report – Prior to any written agreement, the landlord must provide a copy of the condition of the premises in addition to any furnishings or appliances.[8]