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Hawaiʻi seller disclosure guide · Updated October 2026
The SRPDS, explained
Selling a home on Oʻahu? Hawaiʻi law requires a Seller's Real Property Disclosure Statement. Here's what it is, when it's due, and how to fill it out without putting your sale at risk.
What is the SRPDS?
The SRPDS (Seller's Real Property Disclosure Statement) is the written form a Hawaiʻi home seller gives the buyer, listing the material facts the seller knows about the property.
It's required by Hawaiʻi Revised Statutes Chapter 508D for most sales of homes with one to four units, plus residential condos and co-op apartments. A "material fact" is anything, past or present, that a reasonable person would expect to measurably affect the property's value, like a roof leak, termite damage, or unpermitted work.
Your agent will give you the current standard form. You fill it out; we make sure it's complete, on time, and delivered the right way.
The SRPDS in 30 seconds
- Who fills it outThe seller, based on what they actually know and what's visible. Not the agent, and not an inspector.
- When it's signedUsually before or shortly after the offer is accepted. The law's default is within 6 months before, or up to 10 calendar days after.
- When the buyer gets itBy the deadline in your purchase contract. The law's default is 10 calendar days after acceptance.
- Buyer's reviewTypically around 15 calendar days, but the review period is always negotiated in the contract. During it, the buyer can cancel in writing with their deposit returned.
- It doesn't end thereIf you learn something new before closing, you may need to amend it.
SRPDS deadlines, step by step
Every deadline here is negotiated in your purchase contract. Hawaiʻi law sets defaults that apply only if the contract doesn't say otherwise, so treat the numbers below as typical, not fixed. Your signed contract is what counts.
Seller signs and dates the SRPDS
The law's default window is within 6 months before the purchase contract is accepted, or up to 10 calendar days after. Many sellers fill it out before listing, so buyers can see it right away.
Seller delivers it to the buyer
By the date set in the purchase contract. If the contract is silent, the law's default is 10 calendar days after acceptance. The buyer signs a receipt, and that receipt explains their right to review and cancel.
Buyer reviews it
The review period is always negotiated in the contract. Around 15 calendar days is typical, and it's also the law's default. Buyer and seller can agree to a shorter or longer period. They can cancel by giving written notice in that window, and their deposit is returned. If they say nothing, the law treats that as accepting the disclosure.
Seller amends if something changes
If the seller learns of a new material fact before closing that directly, substantially, and adversely affects the value, they owe the buyer an amended disclosure, by default within 10 calendar days of learning it, and no later than noon of the last business day before recording. The buyer then gets a review period for the amendment, typically around 15 days unless the contract says otherwise.
| Step | Typical deadline (negotiable) | Hawaiʻi law |
|---|---|---|
| Seller signs | Law's default: within 6 months before, or 10 calendar days after, acceptance | HRS §508D‑4 |
| Buyer receives | Set in the contract; law's default is 10 calendar days after acceptance | HRS §508D‑5 |
| Buyer reviews | Always negotiated; around 15 calendar days is typical. May cancel in writing, deposit returned | HRS §508D‑5 |
| Seller amends | Default 10 calendar days after learning a new material fact, and no later than noon of the last business day before recording | HRS §508D‑13 |
| Buyer reviews amendment | Typically around 15 calendar days | HRS §508D‑13 |
Why timing matters: the buyer's review clock starts when they receive the disclosure. A late SRPDS pushes that window later, which can squeeze your closing date. We track it from day one.
What sellers usually need to disclose
If you know about it, or it's visible, and it could affect value, it likely belongs on the form. When in doubt, disclose.
Termites & pests
Past or current termite activity, tenting or treatments, and any damage you know about. On Oʻahu, buyers will ask.
Permits & unpermitted work
Additions, enclosed lanais, garage conversions, or electrical and plumbing work done without permits, including work by a previous owner that you know about.
Systems & equipment
Problems with electrical, plumbing, water heater, solar (owned or leased), A/C, appliances that stay, and cesspool or septic systems.
Boundaries & neighbors
Easements, encroachments such as a fence or wall over the line, boundary disputes, and shared driveways or walls.
Condo & HOA items
For condos and planned communities: known building issues, special assessments, and association matters you're aware of. Association documents are delivered separately.
Hawaiʻi also requires these when they apply (HRS §508D-15): if the property is in a FEMA special flood hazard area, a public airport noise exposure area, a military Air Installation Compatible Use Zone, a tsunami inundation area, or a sea level rise exposure area, that must be disclosed. Shoreline properties must also disclose erosion control structures (permitted or not), permit expiration dates, and related violation notices or fines.
Also required: any release you gave a contractor, design professional, or government agency for a construction defect that measurably affects value (HRS §508D-4.5).
Honest, not perfect
The law asks sellers for good faith and due care, which it describes as honesty in fact. You don't need to open walls or hire an engineer to fill it out.
Under HRS §508D-9, you can rely on your own knowledge, information from government agencies, reports from licensed experts like inspectors, surveyors, and termite companies, and your association's managing agent. A disclosure prepared in good faith and with due care is a strong protection for you.
The SRPDS isn't a warranty and isn't a substitute for the buyer's own inspection.
- Answer from what you know"Unknown" is fine when it's true. It's not fine when you do know.
- Attach what you haveRepair invoices, termite reports, permits, and warranties make your answers clear and build buyer trust.
- Explain, don't minimize"Roof leak at the lanai in 2023, repaired by a licensed roofer, no leaks since" reads far better than "minor leak."
- Ask us before you guessIf you're unsure whether something counts, we'll talk it through with you.
Common SRPDS mistakes we help sellers avoid
Most disclosure problems aren't about hiding anything. They're about rushing the form.
We review every disclosure with our sellers before it goes to a buyer, so small gaps don't turn into a cancelled contract.
- Forgetting the pastMaterial facts include past conditions. A leak fixed five years ago still deserves a line.
- Skipping the zone checksFlood, tsunami, noise, and sea level rise maps are looked up by tax map key. We check them for you.
- Leaving blanksAn empty answer raises more questions than a short, honest one.
- Delivering lateA late disclosure starts the buyer's review period late and can push your closing.
- Not updating during escrowA storm, a new leak, or a notice from the city after you sign may require an amended disclosure.
Who doesn't need an SRPDS?
HRS §508D-3 exempts some sales. Most ordinary home and condo sales on Oʻahu are not exempt.
Even when a sale is exempt, sellers shouldn't misrepresent or hide known problems. Buyers can still ask questions and inspect.
- Family and co-ownersSales to a co-owner, or to the seller's spouse, parent, or child.
- By will, inheritance, or court orderSales by devise, descent, or court order.
- By operation of lawForeclosure, bankruptcy, partition, deeds in lieu of foreclosure, and the creditor's later resale.
- Leasehold conversionsA lessor selling the fee to the lessee when leased land converts to fee simple.
- New construction with its own disclosuresInitial sales covered by a public offering statement, and condo sales delivered with an unexpired developer's public report.
- Time sharesTime share interests.
Selling on Oʻahu? Let's get your disclosure right
We'll walk through the SRPDS with you, check the zone maps, and time it so your buyer's review doesn't slow your closing.
Curious what your home is worth first? Get a free home value or see how we sell homes.
SRPDS FAQ
Quick answers to the questions Oʻahu sellers and buyers ask us most.
This page is general information about Hawaiʻi law (HRS Chapter 508D), not legal advice. Read the statute, and talk with a Hawaiʻi real estate attorney for your specific situation.
What is an SRPDS in Hawaiʻi?
SRPDS stands for Seller's Real Property Disclosure Statement. It's the written disclosure Hawaiʻi law (HRS Chapter 508D) requires most sellers of residential property to give the buyer, listing material facts the seller knows about or that are visible, such as leaks, termite damage, unpermitted work, or boundary issues.
When does the seller have to give the SRPDS to the buyer?
By the deadline in the purchase contract, which buyer and seller negotiate. If the contract doesn't set one, Hawaiʻi law's default is that the seller signs it within 6 months before, or up to 10 calendar days after, acceptance, and delivers it within 10 calendar days after acceptance.
How long does a buyer have to review the SRPDS?
The review period is always negotiated in the purchase contract. Around 15 calendar days after receiving it is typical, and 15 days is also the law's default. During the review period the buyer can cancel the purchase contract by giving written notice, and their deposit is returned. If the buyer doesn't give notice in time, the law treats it as accepting the disclosure.
What if the seller learns something new after giving the SRPDS?
If a new material fact directly, substantially, and adversely affects the property's value, the seller must give an amended disclosure by default within 10 calendar days of learning it, and no later than noon of the last business day before the sale is recorded. The buyer then gets a review period for the amendment, typically around 15 calendar days unless the contract says otherwise.
Do condo sellers have to fill out an SRPDS?
Yes, in most cases. Residential condos and co-op apartments are covered. The main exception is a condo sold with an unexpired developer's public report, which usually means a new development.
Who is exempt from the SRPDS?
Sales to a co-owner, spouse, parent, or child; sales by will, inheritance, or court order; foreclosures, bankruptcies, and similar transfers by operation of law; leasehold-to-fee conversions between lessor and lessee; certain new construction sales; and time shares.
Is the SRPDS a substitute for a home inspection?
No. The SRPDS reflects what the seller knows and what's visible. It isn't a warranty or an expert inspection, so buyers should still get a professional home inspection, a termite inspection, and review any association documents.
Sell with people who sweat the details
Oʻahu REALTORS® with 10+ years of experience and 5.0 stars on Google and Yelp. We'll handle the paperwork so you can focus on your next move.