By Benjamin Finnerty (S), REALTOR® (RS-83812) with Keller Williams Realty Maui · Kīhei, Maui · 808-481-9748

Quick Answer: Under Hawaiʻi’s seller disclosure law, HRS Chapter 508D, most Maui sellers of residential property must give the buyer a signed disclosure statement of known material facts within 10 calendar days after the purchase contract is accepted. The buyer then has 15 calendar days to review it and may rescind in writing and get the deposit back (law as of October 2026).

I’m Benjamin Finnerty, a REALTOR® in Kīhei with Keller Williams Realty Maui, and here’s what the Hawaiʻi seller disclosure law means if you’re selling a Maui home or condo, or buying one. Disclosure isn’t a formality here. Maui properties can sit in flood zones, tsunami evacuation areas or the state’s sea-level-rise exposure area, and the law spells out when those facts must be disclosed.

What does the Hawaiʻi seller disclosure law require?

It requires the seller to fully and accurately disclose all material facts about the property in a written disclosure statement. A “material fact” is any fact, defect or condition, past or present, that would be expected to measurably affect the property’s value to a reasonable person (HRS 508D-1).

The statement covers facts within the seller’s knowledge or control and facts observable in accessible areas of the property. In practice, that means things like roof leaks, plumbing problems, past termite treatment, unpermitted work, drainage issues and pending association special assessments, if the seller knows about them.

What are the disclosure deadlines in Hawaiʻi?

The key dates run from contract acceptance and delivery:

Step	Deadline under HRS 508D
Seller signs the disclosure statement	Within 6 months before, or 10 calendar days after, the buyer accepts the contract
Seller delivers it to the buyer	Within 10 calendar days after acceptance
Buyer reviews and may rescind	15 calendar days after receipt, by written notice
Seller delivers an amended statement for significant new negative facts	Within 10 calendar days of discovery, and no later than noon the last business day before recording
Deadline to sue under the chapter	2 years from when the buyer received the statement (or from recording, if none was delivered)

If the buyer rescinds within the 15 days, the deposit must be returned immediately. If the buyer doesn’t send written notice in time, the law treats that as acceptance. Buyer and seller can agree in writing to shorten or lengthen these periods.

What special Maui disclosures does HRS 508D-15 require?

The law requires the seller to include material-fact information when the property is within any of these mapped areas, where maps identifying them by tax map key are available:

• A special flood hazard area on National Flood Insurance Program maps
• A public airport’s noise exposure area
• A military airport’s Air Installation Compatible Use Zone
• A tsunami inundation area on Department of Defense maps
• A sea-level-rise exposure area designated by the state’s climate change commission

For shoreline properties, the seller must also disclose permitted and unpermitted erosion control structures (such as seawalls), the expiration dates of permits, and any notices of violation or fines tied to them.

Those last two items matter more than ever on Maui. The sea-level-rise exposure area is now part of the County’s hotel-rezoning criteria for some shoreline condos, and seawall issues come up regularly with oceanfront homes. See my guide to Maui shoreline setback and SMA rules and Maui flood insurance.

Do condo and HOA sellers have extra disclosure duties?

Yes. If the property is subject to a recorded declaration, which covers most condos and planned communities, the seller must also provide the governing documents: the declaration and exhibits, bylaws, formation documents and the rules on common areas, architectural control and assessments (HRS 508D-3.5). Those documents can be delivered within 10 calendar days after both parties receive a current title report, and the buyer gets 15 calendar days to review them and may rescind.

Who is exempt from Hawaiʻi seller disclosure?

Some transfers are exempt under HRS 508D-3, including sales between co-owners; sales to the seller’s spouse, parent or child; transfers by will, inheritance or court order; foreclosures and similar transfers by operation of law; certain leased-fee conversions from a lessor to a lessee; new condo sales with an unexpired developer’s public report; and timeshare interests. Being exempt from the statute doesn’t remove every legal duty, so sellers in these situations should still talk with an attorney.

My Take: What I’m Telling Maui Sellers About Disclosure

Disclosure is one of the most important parts of selling. My advice to sellers is simple: disclose, disclose, disclose. Any big thing, any little thing. Full disclosure up front helps reduce the risk of disputes or claims after closing, rather than keeping anything quiet.

Practically, I’d start the disclosure statement before you list, not after you get an offer. Pull your permit history from the County, gather repair invoices and pest reports, and check whether your property falls within any of the mapped areas above. If you own a condo, request the association’s governing documents early so the 10-day clock doesn’t catch you short.

For buyers, read the statement during the 15-day window like it’s part of the price. If something surprises you, ask questions and get an inspector or contractor to look before the window closes.

For a broader checklist for sellers, see how to choose a listing agent on Maui.

General information, not tax or legal advice; confirm with a CPA or Hawaiʻi attorney.

Frequently Asked Questions

How long does a buyer have to review a Hawaiʻi seller disclosure?
Fifteen calendar days after receiving it, unless buyer and seller agree in writing to a different period.

Can a buyer cancel after reading the disclosure?
Yes. Under HRS 508D-5, a buyer can rescind by written notice within the review period, and the deposit must be returned.

Do I have to disclose something I just found out after the buyer signed?
If the new information would significantly and negatively affect the property’s value, you must deliver an amended statement within 10 calendar days of learning it, and before noon on the last business day before recording.

Does a seller have to search public records?
Generally no, except for the specific mapped-area and document requirements in the law.

Ask Benjamin

If you’re getting ready to sell and want help organizing your disclosure documents, I’m happy to walk through it with you. I’m Benjamin Finnerty; call or text 808-481-9748 or email benjamin@the808team.com.

Sources: Hawaiʻi Revised Statutes Chapter 508D (sections 508D-1, -3, -3.5, -4, -5, -13, -15, -17), via the Hawaiʻi State Legislature.