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Hawaii Real Estate Contract

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What is a Hawaii Real Estate Contract?

A Hawaii real estate contract is a legal agreement made between a party selling real property and a party that is buying the property. Often called a purchase and sale agreement, these contracts are used to outline the terms and conditions of transaction.

A real estate contract will cover important information like the agreed upon purchase price, financing, closing date and costs, contingencies, disclosures, inspections, insurance and any other conditions that must be agreed upon to finalize the sale.

Common Hawaii Real Estate Contracts

There are several types of real estate contracts may be used in Hawaii and each document serves a different purpose. Common contracts include:

  • Residential real estate contract. Used when buying or selling land or a building that will be used for housing.
  • Commercial real estate contract . Used when buying or selling property zoned for operating a business like an office building.
  • Lease agreement. Used when a property owner (landlord) wants to rent their property to a tenant.

4 Essential Elements of a Hawaii Real Estate Contract

Hawaii real estate contracts are governed by Hawaii Administrative Rules. Under these rules, a real estate contract requires 4 essential elements to be valid and legally binding.

  1. The contract must be legal and cannot violate any laws
  2. All parties must be deemed legally competent
  3. The contract must have an offer, acceptance, and consideration
  4. There must be mutual assent by the parties to enter the contract

Does Hawaii Require a Real Estate Attorney?

In Hawaii, real estate attorneys are not legally required to purchase or sell or a house, but they are highly recommended. Most buyers and sellers are represented by a real estate agent who will walk them through the buying and selling process. If a party chooses to not use a real estate agent, it is highly encouraged they retain a real estate lawyer to assist with contract drafting and understanding all terms of the agreement.

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Meet some of our Hawaii Real Estate Contract Lawyers

Jeanilou M. on ContractsCounsel
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Member Since:
August 10, 2023

Jeanilou M.

Small Business Lawyer
Free Consultation
Honolulu, Hawaii
14 Yrs Experience
Licensed in CA, HI
Concord Law School

Jeanilou G.T. Maschhoff has over 20 years of comprehensive business operations, finance, and development experience in addition to being a licensed attorney in California and Hawaii. She zealously works as a Trusted Advisor, Business/Brand Consultant, and Advocate for small businesses, non-profit organizations, and personal brands. She is dedicated to helping female business owners and professionals in the entertainment, beauty, fashion, and wellness industries make their goals a reality. She uses her diversified expertise to provide a holistic approach to addressing business and legal needs. Acting as a trusted advisor and outsourced general counsel, she assists on an array of business and personal matters. Passionate about social justice and assisting underrepresented populations, Jeanilou started her legal career working in the non-profit sector working towards access to justice and gender equity. She continues to assist non-profit organizations in many capacities and actively looks to partner businesses with charitable causes, creating a synergistic effect that benefits not only the organizations involved but our society as a whole. As an early adopter of the virtual practice of law, Jeanilou has been assisting law firms and solo practitioners adjust to the remote delivery of legal services and helping businesses explore Web 3.0.

Samantha P. on ContractsCounsel
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Member Since:
October 24, 2023

Samantha P.

Family Law Attorney
Free Consultation
Honolulu, Hawaii
4 Yrs Experience
Licensed in HI
William S. Richardson School of Law at the University of Hawaii

Samantha earned her J.D. at the University of Hawaii, William S. Richardson School of Law and has been a member of the Hawaii State Bar Association since 2020. Samantha has worked as a Family Law attorney in Hawaii since 2020, and has represented clients on a variety of family law matters including: premarital agreements, pre- and post-judgement custody, parenting time and child support issues, pre- and post-divorce issues, interstate custody, and paternity issues. Samantha is a certified E-RYT 200 yoga instructor, taught yoga classes at the Modern Hotel in Waikiki throughout law school, and continues to teach yoga classes at various yoga studios in Honolulu to this day.

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Meet some of our other Real Estate Contract Lawyers

Damien B. on ContractsCounsel
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5.0 (6)
Member Since:
October 3, 2023

Damien B.

Managing Attorney
Free Consultation
Forest Hills, New York
23 Yrs Experience
Licensed in NY
Brooklyn Law School

My legal coverage includes Business Law, Commercial Litigation, Appeals and Trusts & Estates. I also handle Trademark applications and issues. I am a designated FINRA (Financial Industry Regulatory Authority) arbitrator. I have done pro bono work in the Federal Court mediation program. I have worked for companies as a legal writer, editor and content provider. I have written legal articles for the New York Law Journal and the New York State Bar Association magazine. I was a guest lecturer at New York University on the First Amendment in the M.S. program of Public Relations and Corporate Communication program for the course Communication Ethics, Law and Regulation (Adjunct Professor Douglas Rozman). I graduated from Harvard University with an MPA, from Brooklyn Law School with a JD where I was a Richardson Merit Scholar; and Carnegie Mellon University with a BS, cum laude, concentrating in Administration and Management Science, Mathematics and Economics.

Brittany B. on ContractsCounsel
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Member Since:
October 1, 2023

Brittany B.

Attorney
Free Consultation
Upton, Massachusetts
12 Yrs Experience
Licensed in MA, VT, WI
University of St. Thomas

I am a tax attorney with years of experience as in house counsel at an accounting firm. I have also done tax litigation and audit representation. I work with for profits and non profits.

Lynette P. on ContractsCounsel
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Member Since:
October 1, 2023

Lynette P.

Litigation Attorney
Free Consultation
Little Rock, Arkansas
11 Yrs Experience
Licensed in AR, TX
St. Mary's University School of Law

I am licensed in both Texas and Arkansas but actively working in Arkansas. My primary focus is criminal defense, family law, and estate planning (wills and trusts).

Matthew W. on ContractsCounsel
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Member Since:
October 2, 2023

Matthew W.

Corporate Lawyer
Free Consultation
Houston
16 Yrs Experience
Licensed in TX
University of Texas Law School

I represent startups, investment firms, and individuals frequently with equity and debt financing, M&A transactions, and commercial contracts.

Nicole Y. on ContractsCounsel
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Member Since:
October 3, 2023

Nicole Y.

Attorney
Free Consultation
Miami, FL
3 Yrs Experience
Licensed in FL
St. Thomas University School of Law

Nicole Yñigo is an accomplished attorney with over nine years of experience in the legal field. Raised in Miami, she obtained her education from the School for Advanced Studies, Florida International University, and St. Thomas University School of Law. Nicole is dedicated to helping her clients achieve their legal goals and has built a strong reputation for providing personalized and effective legal representation. She has worked with various law firms and insurance companies on both Plaintiff and Defense matters. Nicole is the founder of The Ynigo Legal Group, where she offers compassionate and competent legal counsel in a direct and practical approach.

Real Estate

Real Estate Contract

Georgia

Asked on Mar 24, 2022

How many years does a quick claim become effective?s

Number of years for quick claim to be effect ive

Meghan T.

Answered Mar 29, 2022

A quit claim deed is effective upon execution so long as the deed is dated as of the date of signature. Execution means that the deed is signed, in front of a witness and a notary. The witness and notary must also sign the deed. Finally, the deed must be recorded. This means that the deed must be submitted to the Superior Court recording office of the County in which the property sits. Please let me know if you have any questions. Thanks, Meghan K Thomas

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Real Estate

Real Estate Contract

New York

Asked on Dec 26, 2021

Can you purchase or refinance under a land contract?

I’ve been living here for 2 years. Currently have been working with my credit union and they are having a terrible time trying to understand the legalities of my land contract first off, and secondly they just don’t seem to know what they are doing. It’s been over 8 months, 4 different loan officers and I’m once again waiting for someone else to help finish this thing out. It’s only $60,000 with a $120,000 appraisal. So, as of now I am stuck paying 2.5x monthly under this land contract than I was promised would be an easy mortgage process. So any guidance in the right direction would be very helpful. It’s a New York home. 20 yr fixed, no balloon, with a (brace yourself) 12% apr. HELP ME PLEASE! One month I’m being told to authorize a credit check for a first time homebuyer grant method of mortgaging this property. The next it’s authorizing it for a refinance. I do have earnest money deposits for over $3,000 and another $3000 paid towards principal under this land contract also.

Jane C.

Answered Jan 11, 2022

I suggest you speak with a New York real estate attorney. That attorney needs to review the documents related to the transaction.

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Real Estate

Real Estate Contract

Georgia

Asked on Mar 18, 2022

WHAT ARE YOUR FEES TO PERFORM QUIT CLAIM DEED COMPLETE BUTTS COUNTY GEORGIA 30233

SON AND EX

Meghan T.

Answered Mar 29, 2022

Hi. The cost for my practice to prepare a Quit Claim Deed is $99. The Cost for me to handle the closing is $250 plus recording fees. These costs apply for any county within the state of Georgia. Let me know if you have any more questions. Meghan K Thomas

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Real Estate

Real Estate Contract

Illinois

Asked on Mar 27, 2022

what is better to buy land or rent for construction in US?

we are a construction company from Ukraine, we are planning to build a cottage town in the USA

T. Phillip B.

Answered Apr 5, 2022

I suppose it doesn't matter if you have the lease giving you permission and the lease is long enough to justify the building expense when you won't own it. But I'd buy the land so you could eventually sell the property with the building on it.

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ContractsCounsel User

Recent Project:
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Turnaround: Less than a week
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