Hawaii Real Estate Licensing Law

Hawaii Code · 36 sections

The following is the full text of Hawaii’s real estate licensing law statutes as published in the Hawaii Code. For the official version, see the Hawaii Legislature.

Haw. Rev. Stat. § 145-1

Section

145-1 Definitions

145-2 Licenses

145-3 Records

145-4 Bonding of commission merchant and broker

145-5 Reports of consignment sales

145-6 Remittances

145-7 Credit for loss or dumping

145-8 Duty of department

145-9 Complaints and investigations

145-10 Administrative penalties

145-11 Nuisance may be enjoined, abated

145-12 Misdemeanor

145-13 Remedies and penalties not exclusive

145-14 Disposition of fees and charges

145-15 Rules and regulations

Part II. Ownership and Movement of Agricultural

Commodities

145-21 Definitions

145-22 Agricultural commodities; ownership and movement

certification

145-23 Lack of proof of ownership as a violation

145-24 Authorization to inspect

145-25 Enforcement; criminal penalties

145-26 Repealed

145-27 Authorization to seize and hold commodities;

disposition

145-28 Repealed

Note

Chapter heading amended by L 1999, c 186, §3.

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Haw. Rev. Stat. § 412

Section

412:1-100 Short title

412:1-101 Purpose

412:1-102 Scope and application of chapter

412:1-103 Application to existing financial institutions

412:1-104 Names

412:1-105 Deposits

412:1-106 Headings; references

412:1-107 Particular provisions prevail

412:1-108 Jurisdiction conferred upon circuit court

412:1-109 Definitions

ARTICLE 2. DIVISION OF FINANCIAL INSTITUTIONS

Part I. Administration

412:2-100 Commissioner of financial institutions; division

of financial institutions

412:2-100.5 Powers of the commissioner

412:2-101 Deputy commissioner, acting commissioner

412:2-102 Examiners and other personnel

412:2-103 Disqualifications

412:2-104 Confidentiality of information possessed by

commissioner

412:2-105 Fees

412:2-105.1 Repealed

412:2-105.2 Hawaii financial institutions; assessments;

fees; penalty

412:2-106 Public or private hearings

412:2-107 Rules

412:2-108 Alternative mortgage loans rules

412:2-109 Compliance resolution fund; financial institution

examiners

412:2-110 Emergency applications

412:2-111 Commissioner’s power to subpoena

Part II. Examinations

412:2-200 Examinations

412:2-201 Use of federal examinations

Part III. Enforcement Actions

412:2-300 Enforcement actions

412:2-301 Joint enforcement with federal regulatory agency

412:2-302 Cease and desist orders; grounds for issuance

412:2-303 Permanent cease and desist orders; procedure;

hearing; enforcement

412:2-304 Temporary cease and desist orders; effective date;

hearing; enforcement

412:2-305 Consent cease and desist orders

412:2-306 Removal or prohibition of institution-affiliated

party; grounds

412:2-307 Removal or prohibition of institution-affiliated

party; procedure; hearing; enforcement

412:2-308 Order of immediate suspension; procedure;

effective date; hearing; enforcement

412:2-309 Consent order of removal or prohibition

412:2-310 Removal, prohibition, or suspension; effect of

order

412:2-311 Suspension or revocation of charter or license

412:2-312 Suspension or revocation; procedure; hearing;

enforcement

412:2-313 Consent suspension and revocation order

412:2-314 Action to correct capital and surplus impairment

412:2-315 National or state emergencies

Part IV. Conservators and Receivers

412:2-400 Grounds for appointment of conservator or receiver

412:2-401 Appointment of conservator or receiver; judicial

review

412:2-402 Additional grounds for appointment

412:2-403 Who may serve as conservator or receiver

412:2-404 Federal insurer as conservator or receiver;

subrogation

412:2-405 Removal or replacement of conservator or receiver

412:2-406 Compensation and expenses of conservator or

receiver

412:2-407 Stay of judicial proceedings

412:2-408 Duties and powers of conservator

412:2-409 Conservator’s segregation of deposits

412:2-410 Supervised reorganization

412:2-411 Termination of conservatorship

412:2-412 Duties and powers of receiver

412:2-413 No interest on deposits of an institution in

receivership

412:2-414 Optional court supervision

412:2-415 Notice of receivership; filing of claims

412:2-416 Liquidation by receiver; priority of claims

412:2-417 Final accounting and discharge

412:2-418 Transfer of assets in contemplation of

insolvency void

412:2-419 Treatment of lessors

412:2-420 Claims for wrongful termination of employment

412:2-421 Bailments and safe deposit boxes in receivership

Part V. Supervised Acquisition of Financial

Institutions

412:2-500 Definitions

412:2-501 Commissioner’s determination of failing

institution

412:2-502 Solicitation of purchasers

412:2-503 Applications to purchase

412:2-504 Granting of application; criteria for approval

412:2-505 Waiver of statewide concentration limits under

the Bank Holding Company Act of 1956, as amended

412:2-506 Charter or license

412:2-507 Expedited approvals

412:2-508 Provisional approval to organize

412:2-509 Effect of merger or acquisition on prior business,

title and obligations

412:2-510 Commissioner’s powers

412:2-511 Modification of time periods

412:2-512 Repealed

Part VI. Penalties, Administrative Fines and

Prohibited Acts

412:2-600 Applicability of part

412:2-601 Violation of chapter

412:2-602 Copying records of Hawaii financial institutions

412:2-603 Disclosures of records of Hawaii financial

institutions

412:2-604 Concealment

412:2-605 Repealed

412:2-606 Witness; failure to testify or produce records

412:2-606.5 Financial institution name fraud

412:2-607 Deception; false statements

412:2-608 Misapplication of funds

412:2-609 Imposition of administrative fines; assessment

412:2-609.5 Imposition of administrative fines on persons who

are not Hawaii financial institutions; assessment

412:2-610 Compromise or modification of administrative

fines;

determining amount of fine; hearing

412:2-611 Action to recover administrative fines; deposit to

compliance resolution fund

ARTICLE 3. ORGANIZATION AND MANAGEMENT OF FINANCIAL

INSTITUTIONS

Part I. General Provisions

412:3-100 Applicability of this part

412:3-101 Name of financial institution

412:3-102 Change of name

412:3-103 Repealed

412:3-104 Qualifications of directors

412:3-105 Election and appointment of executive officers

412:3-106 Residency of chief executive officer

412:3-107 Meetings of the board

412:3-108 Generally accepted accounting principles

412:3-109 Charging down assets

412:3-110 Holding of assets

412:3-111 Maintenance of books and records

412:3-111.5 Request for information by the commissioner

412:3-112 Submissions to commissioner

412:3-113 Repealed

412:3-114 Duty to report illegal acts

412:3-114.5 Mandatory reporting of suspected financial abuse

of an elder

412:3-115 Repealed

Part II. Organization of Banks, Savings Banks,

Savings and Loan Associations, Trust

Companies and Depository Financial

Services Loan Companies

412:3-200 Applicability of part

412:3-201 Application for preliminary approval to organize

a financial institution

412:3-202 Additional requirements for holding company

412:3-203 Deferral of application requirements

412:3-204 Publication of notice

412:3-205 Informational and comment proceeding on

application

412:3-206 Grant of preliminary approval to organize a

financial institution

412:3-207 Denial of preliminary approval to organize

412:3-208 Repealed

412:3-209 Paid-in capital and surplus

412:3-210 Repealed

412:3-211 Time limit to complete organization

412:3-212 Final application for charter or license

412:3-213 Denial of charter or license

Part III. Organization of Nondepository

Financial Services Loan Companies

412:3-300 Applicability of part

412:3-301 Application for license

412:3-302 Publication of notice

412:3-303 Informational and comment proceeding

412:3-304 Grant of approval

412:3-305 Denial of license

412:3-306 Paid-in capital and surplus

Part IV. Management of Stock Financial Institutions

412:3-400 Applicability of part

412:3-401 Applicability of Hawaii Business Corporation Act

412:3-402 Capital stock

412:3-403 Dividends and other capital distributions

Part V. Places of Business

412:3-500 Prohibition of business at unauthorized locations

412:3-501 Authorized places of business

412:3-502 Foreign financial institution

412:3-503 Opening or relocating principal office, branch,

or agency

412:3-504 Notice and deadline for opening or relocating

principal office, branch, or agency

412:3-505 Opening or relocating out-of-state branch or

agency

412:3-506 Opening or relocating a support facility

412:3-507 Closing branch or agency; temporary closures

and relocations

412:3-508 Closing a support facility

412:3-509 Out-of-state branch or agency

Part VI. Conversions, Mergers, Consolidations,

Acquisitions, Assumptions, and Voluntary

Dissolutions

412:3-600 Applicability of this part

412:3-601 No conversions, mergers, consolidations,

acquisitions, assumptions, voluntary cessations of

business, or voluntary dissolutions except

pursuant to this part

412:3-602 Definitions

412:3-603 Procedure for applications pursuant to this part

412:3-604 Shareholder or member vote

412:3-605 Notice to credit union member

412:3-606 Conversion from State to comparable federal

financial institution

412:3-607 Conversion from federal to comparable Hawaii

financial institution

412:3-608 Conversion to another type of financial

institution

412:3-609 Merger or consolidation of Hawaii financial

institutions

412:3-610 Effect of conversion, merger, or consolidation

412:3-611 Merger or consolidation of financial institution

holding companies

412:3-612 Acquisition of control of financial institution

or financial institution holding company

412:3-613 Sale or acquisition of assets and transfer or

assumption of liabilities

412:3-614 Sale or transfer of charter or license prohibited

412:3-615 Nonconforming assets or business

412:3-616 Authority for expedited conversion, merger,

consolidation, acquisition, or assumption

412:3-617 Voluntary cessation of business; dissolution

412:3-618 Injunctions

ARTICLE 4. DEPOSITS IN FINANCIAL INSTITUTIONS GENERALLY

412:4-100 Law applicable

412:4-101 Forms of deposit

412:4-102 Deposit account statements

412:4-103 Statements presumed correct after one year;

statute of limitations

412:4-104 Federal deposit insurance required

412:4-105 Accounts held in more than one name

412:4-106 Fiduciary accounts

412:4-107 Accounts of minors

412:4-108 No notice of incapacity

412:4-109 Checks drawn or transfers or withdrawals made by

authorized persons

412:4-110 Checks drawn or transfers or withdrawals made by

intoxicated persons

412:4-111 Accounts of deceased nonresidents

412:4-112 Pledging of assets

ARTICLE 5. BANKS

Part I. General Provisions

412:5-100 Definition

412:5-101 Necessity for bank charter

Part II. Powers of Banks

412:5-200 General powers

412:5-201 Powers granted under federal law

412:5-202 Membership in federal banks

412:5-203 Operating subsidiaries

412:5-204 Acceptances of drafts and bills of exchange

412:5-205 Authority to engage in trust business

412:5-205.5 Insurance and annuities powers

412:5-205.6 Requirements of banks engaging in insurance

activities

412:5-205.7 Securities powers

412:5-206 International banking facilities

Part III. Loans and Investments

412:5-300 Applicability of part

412:5-301 General requirements for loans

412:5-302 Limitations on loans and extensions of credit to

one borrower

412:5-303 Loans to executive officers, directors, principal

shareholders and affiliates

412:5-304 General requirement for investments

412:5-305 Permitted investments

412:5-306 Deposits made by banks

Part IV. Intra-Pacific Banks

412:5-400 Definitions

412:5-401 Required approval

412:5-402 Procedure to obtain approval

412:5-403 Examination and regulation

412:5-404 Termination of authority of intra-Pacific bank

412:5-405 Termination of authority of intra-Pacific bank

holding company

412:5-406 Paid-in capital and surplus

412:5-407 Same powers and duties as banks

ARTICLE 5A. INTERNATIONAL BANKING CORPORATIONS

Part I. General Provision

412:5A-100 Applicability of other provisions of this chapter

Part II. Application Procedures and Powers

412:5A-200 Scope and definitions

412:5A-201 Application; fee; approval

412:5A-202 Majority ownership by bank

412:5A-203 Paid-in capital and surplus

412:5A-204 Prohibition of business in United States

412:5A-205 Powers and duties

412:5A-206 Acceptance of deposits and reserves

412:5A-207 Deposit of corporate funds

412:5A-208 Limitation on investments

412:5A-209 Acquisition of stock in competing corporation

412:5A-210 Acquisition of stock to save a loss

412:5A-211 Prohibited corporate activities

412:5A-212 Improper discounting of loans

412:5A-213 Improper fixing of commodity prices

412:5A-214 Misrepresentation of state liability for bonds

Part III. Foreign Bank Offices and Agencies–Repealed

412:5A-300 to 316 Repealed

ARTICLE 6. SAVINGS BANKS

Part I. General Provisions

412:6-100 Definition

412:6-101 Necessity for savings bank charter

Part II. Powers of Savings Banks

412:6-200 General powers

412:6-201 Powers granted under federal law

412:6-202 Membership in federal home loan bank

412:6-203 Service corporations

412:6-204 Operating subsidiaries

Part III. Loans and Investments

412:6-300 Applicability of part

412:6-301 General requirements for loans

412:6-302 Requirements and limits for certain loans

412:6-303 Limitations on loans and extensions of credit to one

borrower

412:6-304 Loans and extensions of credit to executive

officers, directors, principal shareholders and

affiliates

412:6-305 General requirement for investments

412:6-306 Permitted investments

412:6-307 Deposits made by savings banks

ARTICLE 7. SAVINGS AND LOAN ASSOCIATIONS

Part I. General Provisions

412:7-100 Definition

412:7-101 Necessity for savings and loan association charter

Part II. Powers of Savings and Loan Associations

412:7-200 General powers

412:7-201 Powers granted under federal law

412:7-202 Membership in federal home loan bank

412:7-203 Service corporations

412:7-204 Operating subsidiaries

Part III. Loans and Investments

412:7-300 Applicability of part

412:7-301 General requirements for loans

412:7-302 Requirements and limits for certain loans

412:7-303 Limitations on loans and extensions of credit to one

borrower

412:7-304 Loans and extensions of credit to executive

officers, directors, principal shareholders and

affiliates

412:7-305 General requirement for investments

412:7-306 Permitted investments

412:7-307 Deposits made by savings and loan associations

Part IV. Management of Mutual Savings and Loan

Associations–Repealed

412:7-400 to 408 Repealed

ARTICLE 8. TRUST COMPANIES

Part I. General Provisions

412:8-100 Applicability of article

412:8-101 Definitions

412:8-102 Necessity for trust company charter

412:8-103 Authority to serve as trustee

Part II. Powers of Trust Companies

412:8-200 General powers

412:8-201 Fiduciary powers

412:8-202 Acting as agent

412:8-203 Use of nominees

412:8-204 Agreement between trust companies and banks

Part III. Investment of Trust Company Assets

412:8-300 Applicability of part

412:8-301 Permitted investments of capital and surplus

412:8-302 Deposits made by trust companies

Part IV. Investment of Fiduciary Assets

412:8-400 General requirements

412:8-401 Trust funds awaiting investment

412:8-402 Common trust fund investments

412:8-403 Disclosure of fees

ARTICLE 9. FINANCIAL SERVICES LOAN COMPANIES

Part I. General Provisions

412:9-100 Definitions

412:9-101 Necessity for financial services loan company

license

412:9-102 Repealed

412:9-103 Display of license

Part II. Powers of Financial Services Loan Companies

412:9-200 General powers

412:9-201 Powers that require regulatory approval

412:9-202 Prohibitions

Part III. Loans and Extensions of Credit

412:9-300 General requirements for loans and extensions

of credit

412:9-301 Interest computation methods

412:9-302 Interest rates

412:9-303 Effect of excessive interest

412:9-304 Consumer loan charges

412:9-305 Open-end consumer loans

412:9-306 Refunds on prepayment of a precomputed loan

412:9-307 Fraction of a month

412:9-308 Repayment terms

412:9-309 Assignments, sale or pledge of loans

Part IV. Depository Financial Services Loan Companies

412:9-400 Special powers of a depository financial services

loan company

412:9-401 Required reserve for a depository financial services

loan company

412:9-402 Membership in federal home loan bank

412:9-403 Service corporations

412:9-404 Limitations on loans and extensions of credit to one

borrower

412:9-405 Loans and extensions of credit fully secured by real

property

412:9-406 Repealed

412:9-407 Limits on transactions with affiliates, executive

officers, directors or principal shareholders

412:9-408 General requirement for investments

412:9-409 Permitted investments

412:9-410 Deposits made by depository financial services loan

companies

Part V. Nondepository Financial Services Loan

Companies

412:9-500 Prohibitions

412:9-501 Registration of nondepository financial services loan

companies with NMLS

ARTICLE 10. CREDIT UNIONS

Part I. General Provisions

412:10-100 Definitions

412:10-101 Necessity for credit union charter

412:10-102 Capital stock or surplus

412:10-103 Application for charter

412:10-104 Articles and bylaws

412:10-105 Disclosure of information

412:10-106 Deposit and share insurance

412:10-107 Grant of approval

412:10-108 Denial of charter

412:10-109 Membership

412:10-110 Membership meetings

412:10-111 Voting

412:10-112 Board of directors

412:10-113 No compensation of directors or committee members

412:10-114 Credit committee

412:10-115 Credit manager

412:10-116 Loan officers

412:10-117 Supervisory committee

412:10-118 Record of officials

412:10-119 Conflicts of interest

412:10-120 Suspension or removal of officials

412:10-121 Central credit unions

412:10-122 Taxation

412:10-123 Fiscal year

412:10-124 Conducting business outside this State

412:10-125 Repealed

Part II. Powers of Credit Unions

412:10-200 General powers

412:10-201 Powers granted under federal law

412:10-202 Credit union service organizations

412:10-203 Sale or purchase of obligations or notes

412:10-204 Sale or purchase of assets

Part III. Accounts

412:10-300 Applicability of other provisions of this chapter

412:10-301 Share accounts and membership shares

412:10-302 Dividends

412:10-303 Deposit accounts

412:10-304 Withdrawals

412:10-305 Minor accounts

412:10-306 Joint accounts

412:10-307 Trust accounts

412:10-308 Payable-on-death accounts

412:10-309 Liens

412:10-310 Dormant accounts

Part IV. Loans

412:10-400 Applicability of part

412:10-401 General requirements for loans

412:10-402 Loans to members

412:10-403 Interest rates

412:10-404 Other charges

412:10-405 Applications

412:10-406 Prepayment of loan

412:10-407 Limitations on obligations of one borrower

412:10-408 Loans to officials

412:10-409 Real estate mortgage loans

412:10-410 Lines of credit

412:10-411 Loans to other credit unions

412:10-412 Participation loans

412:10-413 Other loan programs

Part V. Investments

412:10-500 Applicability of part

412:10-501 General requirement for investments

412:10-502 Permitted investments

412:10-503 Deposits made by credit unions

Part VI. Reserve Allocations

412:10-600 Regular reserve

412:10-601 Special reserves

412:10-602 Risk assets

Part VII. Other Member Services

412:10-700 Insurance for members

412:10-701 Liability insurance for officers

412:10-702 Group purchasing

412:10-703 Money-type instruments

412:10-704 Retirement accounts

Part VIII. Corporate Credit Union

412:10-800 Application of part

412:10-801 Purposes

412:10-802 Membership

412:10-803 Organization

412:10-804 Management and operation of corporate credit union

412:10-805 Powers

412:10-806 Participation in central system

412:10-807 Collection on loans to members

412:10-808 Meetings

ARTICLE 11. FINANCIAL INSTITUTION HOLDING COMPANIES

412:11-100 Applicability of article

412:11-101 Registration and reporting of financial

institution

holding companies

412:11-102 Examination of financial institution holding

company

412:11-103 Use of state or federal examinations

412:11-104 Service of process

412:11-105 Sanctions for failure to register or submit

reports

412:11-106 Injunctions

ARTICLE 12. INTERSTATE BRANCHING AND BANK MERGERS

412:12-100 Purpose

412:12-101 Definitions

412:12-102 Authority of Hawaii state banks to establish

interstate branches by merger

412:12-103 Authority of Hawaii state banks to establish a de

novo interstate branch or acquire an interstate

branch

412:12-104 Authority of out-of-state banks to establish

interstate branches in Hawaii by merger

412:12-105 Authority of out-of-state banks to establish a de

novo interstate branch or acquire an interstate

branch

412:12-106 No concentration limit under Hawaii state law;

waiver of federal concentration limits

412:12-107 Powers; additional branches

412:12-108 Examinations; periodic reports; cooperative

agreements; assessment of fees

412:12-109 Enforcement

412:12-110 Notice of subsequent merger, etc.

ARTICLE 13. THE HAWAII INTERNATIONAL BANKING ACT

Part I. General

412:13-100 Title and purpose

412:13-101 Application to existing foreign banks

412:13-102 Definitions

Part II. Direct Branch, Agency, and Representative

Offices of Foreign Banks

412:13-200 Purpose

412:13-201 Branches and agencies of foreign banks; necessity

of licensure

412:13-202 Application to establish and maintain a branch or

agency; contents

412:13-203 Application to establish and maintain a branch or

agency; manner of filing and determination

412:13-204 Denial of license

412:13-205 Amended license to establish and maintain a branch

or agency

412:13-206 Application fees

412:13-207 No concurrent maintenance of federal branches or

agencies

412:13-208 Powers of branch and agency

412:13-209 Filing of amendments to articles of incorporation

412:13-210 Separate assets

412:13-211 Disclosure of lack of deposit insurance

412:13-212 Limitations on payment of interest on deposits

412:13-213 Pledge of assets

412:13-214 Asset maintenance

412:13-215 Representative office of foreign banks; necessity

of licensure

412:13-216 Representative office; application

412:13-217 Representative office; factors for approval of

application

412:13-218 Representative office; permissible activities

412:13-219 Posting of license

412:13-220 Licenses not transferable

412:13-221 Change of control of foreign bank

412:13-222 Relocation of office; written application

necessary

412:13-223 Examination; payment of fees

412:13-224 Supervision and enforcement

412:13-225 Reports

412:13-226 Books, accounts, and records

412:13-227 Voluntary closure of branch, agency, or

representative office; application

412:13-228 Suspension or revocation of license; grounds;

procedures

412:13-229 Immediate suspension or revocation

412:13-230 Seizure of foreign bank’s property and business;

liquidation

Part III. Hawaii Branches of Out-of-State Foreign

Banks

412:13-300 Purposes

412:13-301 Establishment of interstate branches in this State

by out-of-state foreign banks

ARTICLE 14. MISCELLANEOUS PROVISIONS

412:14-100 Automated teller machine fees

Revision Note

Chapter heading added by revisor.

Cross References

Money transmitters act, see chapter 489D.

Secure and fair enforcement for mortgage licensing act, see chapter 454F.

Rules of Court

Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).

We make every effort to comply to ADA standards, and Section 508 of the Rehabilitation Act.

Visit our ADA page here. If you have any problems with any of these pages, please

contact the webmaster with the page address and problems encountered.

You may view our Privacy Policy here.

Haw. Rev. Stat. § 480-1

Section

480-1 Definitions

480-2 Unfair competition, practices, declared unlawful

480-3 Interpretation

480-3.1 Civil penalty

480-3.3 Endless chain schemes

480-4 Combinations in restraint of trade, price-fixing and

limitation of production prohibited

480-5 Requirements and output contracts; tying agreements

480-6 Refusal to deal

480-7 Mergers, acquisitions, holdings, and divestitures

480-8 Interlocking directorates and relationships

480-9 Monopolization

480-10 Exemption of labor organizations

480-11 Exemption of certain cooperative organizations;

insurance transactions; approved mergers of

federally regulated companies; homeless facility

and program donors and provider agencies

480-12 Contracts void

480-13 Suits by persons injured; amount of recovery,

injunctions

480-13.3 Class actions by private persons

480-13.5 Additional civil penalties for consumer frauds

committed against elders

480-14 Suits by the State; amount of recovery

480-15 Injunction by attorney general or the director of

the office of consumer protection

480-15.1 Penalty

480-16 Violation a felony

480-17 Individual liability for corporate or company act

480-18 Investigation

480-19 Additional parties defendant

480-20 Duty of the attorney general; duty of county

attorney, etc.

480-21 Court and venue

480-22 Judgment in favor of the State as evidence in

Private action; suspension of limitation

480-23 Immunity from prosecution

480-23.1 Procedures

480-23.2 Use immunity

480-23.3 Transactional immunity

480-23.4 Penalty

480-24 Limitation of actions

Part II. Antitrust Exemption–Repealed

480-31 to 37 Repealed

Law Journals and Reviews

Timesharing in the 1990s. I HBJ No. 13, at pg. 89.

Seller Beware: New Law Protects Hawai‘i Home Buyers. 18 UH L. Rev. 981.

Case Notes

In class action brought against major cigarette manufacturers, tobacco trade associations, and the industry’s public relations firm, first amended complaint asserted violations of federal RICO statutes; Hawaii’s RICO statute, §842-2; federal antitrust statutes; Hawaii’s antitrust act (this chapter); various state common-law torts; and false advertising under §708-871; defendants’ motion to dismiss for failure to state a claim granted, where injuries alleged by plaintiffs trust funds in first amended complaint were not direct; even if remoteness doctrine did not bar claims, claims failed for other reasons. 52 F. Supp. 2d 1196.

A municipality may be held liable under this chapter if its act is done “in the conduct of any trade or commerce”, but is not subject to a treble damage penalty. 215 F. Supp. 2d 1098.

Plaintiff’s investment was for business purposes where plaintiff created plaintiff’s own venture, plaintiff’s investors were relying on plaintiff to provide them with profit, and plaintiff acted as plaintiff’s own broker; plaintiff’s investment under this chapter not a “personal investment”, and therefore plaintiff did not satisfy definition of “consumer” pursuant to this chapter. 710 F. Supp. 2d 1036 (2010).

Haw. Rev. Stat. § 502-1

Section

502-1 Registrar; appointment; tenure; salary

502-2 Repealed

502-3 Deputy registrar, appointment, duties

502-4 Rules

Part II. General Provisions

502-7 Definitions

502-8 Bureau of conveyances special fund

Part III. Indexing of Records

502-11 Entry record

502-12 Indexes

502-13 Names of parties indexed

502-14 Entries where one transfers another’s real estate; in

partition cases

502-15 Annual indexes

502-16 Decennial indexes

502-17 Filing of; data on plans; monuments; metes and bounds

descriptions

502-18 Description; lot subdivisions

502-19 Plans on tracing cloth; size; scale

502-20 New maps for old

502-21 Recording of plans unlawful

502-22 Copies of plans furnished by registrar

502-23 Sale or lease by reference to lots or blocks without

filing of plans; penalty

502-24 Report of violations

502-25 Fees

502-26 Copies of instruments, certificates

502-27 Charges

Part IV. Recording

502-31 Recording, method

502-31.5 Reference in other sections

502-32 Instrument recorded as of time of delivery; office

hours

502-33 Identification of reference to registration of

original

502-34 Grantee’s address in deed

Part V. Acknowledgments; Proof of Instruments

502-41 Certificate of acknowledgment; natural persons,

corporations

502-42 Certificate, contents

502-43 Form when person unknown

502-44 Married women

502-45 Acknowledgments without the State

502-46 Same; certificate of authority of officer

502-47 Acknowledgment without the United States; by members

of the armed forces; recordation where no official

authorized to take proof

502-48 Identification of person making

502-49 Certificate of officer, or judge, necessary

502-50 How made; proof if not made

502-51 Exemption of instruments offered on behalf of United

States

502-52 Signatures of certain state officers, acknowledgments

not required

502-53 No certificate of acknowledgment contrary hereto valid

in court or entitled to be recorded; exception

502-54 Penalty for false certificate

Part VI. Interlineations, Erasures, Etc.

502-61 Changes noted in instrument

502-62 Penalty for not noting changes

502-63 Not recorded unless initialed

502-64 Repealed

Part VII. Records of Acknowledgments

502-71 Record of acknowledgments to be kept

502-72 Disposition of records

502-73 Same, open to inspection

502-74 Penalty for not keeping

Part VIII. Requirement and Effect of Acknowledging,

Recording, Not Recording

502-81 Instruments may be recorded; as evidence

502-82 Record or copy as evidence

502-83 Effect of not recording deeds, leases, etc.

502-84 Powers of attorney, etc.

502-85 Agreements of sale; priority

Part IX. Prior Records

502-91 Old records

502-92 Copies of old records

502-93 Retyping judgment registers

502-94 Translation of Hawaiian documents, recording

502-95 Validation of defective certificates

Part X. Veterans Certificates

502-101 Veterans certificates

Part XI. Other Provisions

502-111 Family child care homes; permitted uses in

residential areas

502-112 Prohibition of transfer fees

Part XII. Uniform Real Property Electronic Recording Act

502-121 Definitions

502-122 Electronic document and electronic signature; validity

502-123 Recording of documents

502-124 Uniformity of application and construction

502-125 Relation to federal Electronic Signatures in Global and

National Commerce Act

Note

For new part headings not included above, see text of chapter in this Supplement.

Cross References

Nonconsensual common law liens, see chapter 507D.

Law Journals and Reviews

Constructive Trust: An Equitable Doctrine for Protecting and Establishing Legal Interests in Real Property. II HBJ No. 13, at pg. 121.

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Haw. Rev. Stat. § 551-1

Section

551-1 Jurisdiction

551-2 Guardian ad litem; next friend; appointment

Guardian of Minors

551-11 to 13 Repealed

Testamentary Guardians of Minors

551-16, 17 Repealed

Guardians and Disposition of Small Estates

551-21 Small estates; clerk of the court to act when

551-22 Estates less than $100

Guardians of Insane Persons and Spendthrifts

551-26 to 34 Repealed

551-35 Natural guardian and conservator of person alleged

to be incapacitated or in need of protective

proceedings

Guardians of Nonresidents

551-41 to 43 Repealed

Conservator for Absentee

551-46 to 48 Repealed

General Powers and Duties of Guardians

551-51 to 64 Repealed

Sale of Real Estate

551-71 to 91 Repealed

Cross References

Uniform disclaimer of property interests act, see chapter 526.

Rules of Court

See Hawaii Probate Rules.

Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(a)(2), (f), (g), (h), (j).

Proceedings not governed by Hawaii Rules of Civil Procedure, see RCC rule 31.

We make every effort to comply to ADA standards, and Section 508 of the Rehabilitation Act.

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Haw. Rev. Stat. § 657-20

Section 657-20 is limited to causes of action mentioned in part I of chapter 657 or §663-3, and therefore does not apply to plaintiff’s claim brought pursuant to this chapter. 777 F. Supp. 2d 1224 (2011).

Statute of limitations on a claim under this chapter may be tolled under the equitable tolling doctrine of fraudulent concealment. 777 F. Supp. 2d 1224 (2011).

Defendant lender’s motion for summary judgment granted on plaintiff borrower’s unfair or deceptive acts or practices claim to the extent that plaintiff based the claim against defendant on allegations that defendant did not consider plaintiff’s ability to repay the loans or whether plaintiff qualified for a more favorable loan; plaintiff had not presented any evidence that defendant actively participated in plaintiff’s financial activity. 834 F. Supp. 2d 1061 (2011).

Construing the evidence in plaintiff decedent’s trustee’s favor, there was sufficient evidence (decedent mortgagee’s impairments, e.g., advanced age, inability to see or hear, and dementia, rendered decedent “incapable of reading, writing and understanding re-finance mortgage documents”) that the mortgage between decedent and defendants was void under §480-12, such that plaintiff may continue to seek rescission under this chapter. 848 F. Supp. 2d 1182 (2012).

Defendant mortgagee and loan servicer’s motion to dismiss plaintiff mortgagor’s claim pursuant to §480-2 granted where plaintiff’s allegations appeared to sound at least partly in fraud, yet failed to meet federal rule of civil procedure rule 9(b)’s particularity requirement; specifically, where a chapter 480 claim is based on fraudulent acts, a plaintiff must plead the claim with particularity. 850 F. Supp. 2d 1120 (2012).

Although a damage claim under §480-13 based on violations of §480-2 may only be asserted against the wrongdoer, a rescission claim under this chapter can stand against subsequent assignees if the contract is void; where plaintiff had alleged that defendant mortgage broker assigned or sold loans to other defendants, plaintiff could seek rescission against other defendants if mortgage broker violated this chapter and the loans were void; however, a plaintiff seeking affirmatively to void a mortgage transaction under §480-12 must “place the parties in as close a position as they held prior to the transaction”. 861 F. Supp. 2d 1153 (2012).

With respect to plaintiff mortgagor’s unfair and deceptive acts or practices claim, to the extent plaintiff asserted that defendant lender and loan servicer breached the Home Affordable Mortgage Program guidelines, there was no express or implied private right of action to sue lenders or loan servicers for violation of the Home Affordable Mortgage Program. 863 F. Supp. 2d 1020 (2012).

District court concluded, for purposes of plaintiffs’ motion to remand to state court only, that: (1) some of plaintiffs’ allegations in counts II (violations of this chapter) and III (breach of fiduciary duty) of the complaint were expressly preempted by ERISA pursuant to 29 U.S.C. §1144(a) and were not subject to the exception for the Hawaii Prepaid Health Care Act, chapter 393; and (2) therefore, those claims were necessarily federal in nature, and defendants’ removal of the action based on federal question jurisdiction was proper. 892 F. Supp. 2d 1288 (2012).

Where attorney general sought penalties of up to $10,000 for each violation of the unfair or deceptive acts or practices law (UDAP), injunctive relief and additional penalties of up to $10,000 for each violation of the UDAP committed against elders, the attorney general clearly invoked the attorney general’s civil enforcement authority under this chapter; proceedings brought in that capacity are not class actions for purposes of the Class Action Fairness Act. Attorney general’s motions to remand lawsuits denied. 907 F. Supp. 2d 1188 (2012).

Plaintiff’s unfair and deceptive trade practices cause of action under this chapter was statutory and was not in the nature of assumpsit. 933 F. Supp. 2d 1264 (2013).

As §480-13(b) enumerates the specific damages that a consumer may recover under this chapter and makes no provision for punitive damages, plaintiffs were precluded from seeking punitive damages under this chapter. 98 H. 309, 47 P.3d 1222.

As this chapter was not designed as a vehicle for personal injury actions, for which the law already provides adequate remedies, plaintiffs could not recover damages for emotional distress under this chapter. 98 H. 309, 47 P.3d 1222.

By the plain language of this chapter, no actual purchase is necessary as a prerequisite to a consumer recovering damages under §480-13, based on injuries stemming from violations of §480-2. 98 H. 309, 47 P.3d 1222.

Where trial court correctly concluded that there was no contract between plaintiff and car dealership, plaintiff was neither entitled to benefit-of-the-bargain damages nor specific performance, which are preconditioned on the existence and breach of a contract. 98 H. 309, 47 P.3d 1222.

Where question of whether a waiver requirement would be materially important in booking a horseback tour was a genuine issue of material fact resolvable only by the trier of fact, trial court erred in granting summary judgment on the unfair or deceptive trade practice claim under this chapter. 111 H. 254, 141 P.3d 427.

Designation of the director to enforce chapter 443B does not preclude standing to an individual to sue under this chapter, provided the individual can satisfy the definition of “consumer”. 78 H. 213 (App.), 891 P.2d 300.

Where vehicle theft registration system sold by car dealership did not constitute “insurance”–as each system came with an accompanying contract which unambiguously stated that if the system failed to deter theft and the stolen vehicle was not recovered within thirty days, the vehicle theft administration would pay the vehicle’s registered owner an amount of money toward the purchase of a replacement vehicle–car dealership did not engage in an unfair and deceptive trade practice through the marketing and sale of insurance. 122 H. 181 (App.), 223 P.3d 246 (2009).

We make every effort to comply to ADA standards, and Section 508 of the Rehabilitation Act.

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You may view our Privacy Policy here.

HRS §467-1

§467-1  Definitions.  As used in this chapter:

"Commission" means the real estate commission of the State.

"Custodian or caretaker" means any individual, who for compensation or valuable consideration, is employed as an employee by a single owner and has the responsibility to manage or care for that real property left in the individual's trust; provided that the term "custodian" or "caretaker" shall not include any individual who leases or offers to lease, or rents or offers to rent, any real estate for more than a single owner; provided further that a single owner shall not include an association of owners of a condominium, cooperative, or planned unit development.

"Hotel" includes a structure or structures used primarily for the business of providing transient lodging for periods of less than thirty days and which furnishes customary hotel services including but not limited to front desk, restaurant, daily maid and linen service, bell service, or telephone switchboard; provided that for the purposes of this chapter, units in a project as defined by section 514B-3 that provide customary hotel services shall be excluded from the definition of hotel.  The definition of "hotel" as set forth in this section shall be in addition to and supplement the definition of "hotel" as set forth in the various county ordinances.

"Real estate" means and includes lands, the improvements thereon, leaseholds, and all other interests in real property.  It shall be immaterial that a transaction also involves property other than real estate, as for example a transaction for the sale of an ongoing business, an asset of which consists of a leasehold or other interest in real property.  In such a case, to the extent that real estate is involved, it shall be considered a real estate transaction for the purpose of this definition.

"Real estate broker" means any person who, for compensation or a valuable consideration, sells or offers to sell, buys or offers to buy, or negotiates the purchase or sale or exchange of real estate, or lists, or solicits for prospective purchasers, or who leases or offers to lease, or rents or offers to rent, or manages or offers to manage, any real estate, or the improvements thereon, for others, as a whole or partial vocation; or who secures, receives, takes, or accepts, and sells or offers to sell, any option on real estate without the exercise by the person of the option and for the purpose or as a means of evading the licensing requirement of this chapter.

"Real estate salesperson" means any individual who, for a compensation or valuable consideration, is employed either directly or indirectly by a real estate broker, or is an independent contractor in association with a real estate broker, to sell or offer to sell, buy or offer to buy, or list, or solicit for prospective purchasers, or who leases or offers to lease, or rents or offers to rent, or manages or offers to manage, any real estate, or the improvements thereon, for others as a whole or partial vocation; or who secures, receives, takes, or accepts, and sells or offers to sell, any option on real estate without the exercise by the individual of the option and for the purpose or as a means of evading the licensing requirements of this chapter.  Every real estate salesperson shall be under the direction of a real estate broker for all real estate transactions. [L 1933, c 140, §1; RL 1935, §7310; am L 1935, c 126, §§1, 2; am L 1941, c 205, pt of §1; RL 1945, §7731; am L 1949, c 277, §1; am L 1953, c 252, §1; RL 1955, §170-1; am L 1961, c 154, §1; HRS §467-1; am L 1974, c 141, §1; am L 1977, c 197, §1(2); am L 1985, c 141, §2; gen ch 1985; am L 1988, c 145, §1; am L 1989, c 217, §2; am L 1994, c 100, §1; am L 1995, c 241, §1; am L 1997, c 289, §2; am L 1999, c 47, §4 and c 240, §10; am L 2004, c 164, §13; am L 2008, c 28, §10; am L 2017, c 181, §17]

Cross References

Discrimination in real property transactions, see chapter 515.

Uniform land sales practices act, see chapter 484.

Case Notes

Whether party was engaged in real estate broker activities was a question of fact.  692 F. Supp. 1239 (1988).

Broker's rights to compensation.  47 H. 220, 386 P.2d 855 (1963).

Evidences legislative intent to regulate "middlemen".  68 H. 371, 715 P.2d 805 (1986).

HRS §467-1.5

§467-1.5  Employer-employee relationship.  Nothing in this chapter or in any of the rules adopted to implement this chapter shall be deemed to create an employer-employee relationship between a real estate broker and the broker's licensees; provided that the commission shall have all power necessary to regulate the relationships, duties and liabilities among real estate brokers and real estate salespersons in order to protect the public. [L 1977, c 197, §1(1); gen ch 1985; am L 1989, c 217, §2]

Case Notes

Statute's plain language establishes that statutorily-mandated control cannot create an employment relationship.  79 H. 208, 900 P.2d 784 (1995).

HRS §467-1.6

§467-1.6  Principal brokers.  (a)  The principal broker shall have direct management and supervision of the brokerage firm and its real estate licensees.

(b)  The principal broker shall be responsible for:

(1)  The client trust accounts, disbursements from those accounts, and the brokerage firm's accounting practices;

(2)  The brokerage firm's records, contracts, and documents;

(3)  All real estate contracts of the brokerage firm and its handling by the associated real estate salesperson;

(4)  The proper handling of any commission application, real estate license application, or renewal application that the principal broker or the brokerage firm expressly agrees to handle on behalf of the applicant, including without limitation, verifying for completeness and appropriate fees, and mailing or delivering the appropriate documents to the commission by the required deadline;

(5)  Developing policies and procedures for the brokerage firm concerning the handling of real estate transactions and the conduct of the associated real estate licensees and other staff, including education and enforcement of the policies and procedures;

(6)  Setting a policy on continuing education requirements for all associated real estate licensees in compliance with the statutory requirement;

(7)  Ensuring that the licenses of all associated real estate licensees and the brokerage firm license are current and active;

(8)  Establishing and maintaining a training program for all associated real estate licensees; and

(9)  Ensuring that all associated real estate licensees are provided information and training on the latest amendments to real estate licensing laws and rules as well as other related laws and rules.

(c)  The principal broker may delegate management and supervision duties to one or more brokers in charge subject to the principal broker's written policies and procedures.  The principal broker shall be responsible for the education, enforcement, and records required of such policies and procedures. [L 1999, c 47, pt of §2; am L 2002, c 129, §2]

HRS §467-11

§467-11  Fees; original license and biennial renewals.  (a)  All fees for applications, registrations, certificates, and any license prescribed by this chapter shall be deposited to the credit of the compliance resolution fund established pursuant to section 26-9(o), and all fees allocated to the real estate education fund shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91.

(b)  The biennial renewal fee and completed renewal application shall be submitted to the department of commerce and consumer affairs on or before the commission-prescribed deadline and prior to the expiration date of the license.  All real estate licenses expire on December 31 of an even-numbered year.  Failure, neglect, or refusal of any duly licensed real estate broker or real estate salesperson to pay the biennial renewal fee and to submit a completed renewal application shall constitute a forfeiture of the license as of January 1 of the subsequent odd-numbered year.

(c)  The forfeited license of an individual real estate broker or real estate salesperson may be restored upon compliance with the licensing renewal requirements provided by law; submission of a complete written application; payment of all applicable renewal fees, penalty fees, compliance resolution fund fees, and, if applicable, recovery fund assessments; satisfaction of the applicable requirements in sections 467-8 and 467-9; submission of written documentation demonstrating compliance with section 467-11.5; and, for individual licensees, satisfaction of one of the following as applicable:

(1)  For a license forfeited for more than one year but less than four years, the successful completion of the commission-approved course or courses or passage of the commission-approved examination; or

(2)  For a license forfeited for more than four years but less than five years, the successful passage of the commission-approved examination.

(d)  The license of any individual licensed as a real estate broker or a real estate salesperson who fails to apply for restoration of a forfeited license within five years from the date of forfeiture shall be automatically terminated.  Once a license has been terminated pursuant to this section, the individual may apply for a new salesperson license pursuant to and subject to all applicable laws and rules in effect at the time of application.

(e)  The license of any real estate broker other than a natural person that fails to apply for restoration of a forfeited license within one year from the date of forfeiture, shall be automatically terminated.  Once a license has been terminated pursuant to this section, the entity may apply for a new license pursuant to and subject to all applicable laws and rules in effect at the time of application.

(f)  A real estate broker or real estate salesperson may place that person's license on an inactive status by filing an application and setting forth information prescribed or required by the commission; the license shall be renewed on or before the commission-prescribed deadline prior to the expiration date of the license by payment of the biennial renewal fee and submission of a completed renewal application.  A real estate broker or real estate salesperson may reactivate that person's inactive license by satisfying section 467-11.5, filing an application setting forth any information as may be prescribed or required by the commission, and paying the proper fee.

(g)  The commission may refund any fee erroneously paid to it under this section when the commission deems it just and equitable. [L 1933, c 140, §10; RL 1935, §7319; am L 1935, c 126, §4; RL 1945, §7740; am L 1951, c 77, §4; am L 1953, c 252, §2; RL 1955, §170-10; am L 1957, c 188, §1; am L Sp 1959 2d, c 1, §§14, 15; am L 1961, c 184, §26; am L 1963, c 114, §§1, 3; HRS §467-11; am L 1971, c 17, §2; am L 1973, c 142, §1; am L 1975, c 118, §31; am L 1977, c 197, §1(3); am L 1983, c 116, §4; am L 1985, c 249, §1; gen ch 1985; am L 1987, c 283, §36; am L 1988, c 145, §2; am L 1991, c 155, §2; am L 1997, c 232, §9; am L 1999, c 240, §6; am L 2010, c 11, §2; am L 2019, c 29, §§10, 18(2); am L 2020, c 12, §§3, 8]

Cross References

Real estate education fund, see §467-19.

HRS §467-11.5

§467-11.5  Prerequisites for license renewal.  (a)  Prior to the license renewal of a real estate broker or real estate salesperson, the licensee shall provide the commission with proof of having attended at least twenty hours of continuing education or its equivalent as determined by the commission during the two-year period preceding the application for renewal.  Failure to satisfy the continuing education requirement by the license expiration date shall result in the renewed license being automatically placed on an "inactive" status.

(b)  To reactivate a license which has been placed on an "inactive" status, the licensee shall submit to the commission proof of having satisfied the continuing education requirement of this section, a complete application setting forth the information as may be prescribed or required by the commission, and payment of the proper fee.

(c)  No license shall be renewed if the license trade name, partnership, or corporation is not currently registered with the department of commerce and consumer affairs.

(d)  Upon submission of a renewal application, an individual real estate licensee, who holds a current, unencumbered real estate license in another state, or who holds a current, unencumbered real estate license in a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission, may request a determination of equivalency for the elective course hours of the continuing education requirement.  The equivalency shall be based on the successful completion of the continuing education requirements in the other state or jurisdiction prior to submission of the renewal application.  Approval of the equivalency shall be subject to the real estate licensee completing the commission-designated core course, as determined by the commission. [L 1987, c 95, §§1, 3; am L 1989, c 217, §2; am L 1994, c 68, §1; am L 1995, c 241, §§5, 11; am L 1996, c 149, §1; am L 1997, c 289, §3; am L 1999, c 47, §3; am L 2002, c 129, §4; am L 2010, c 9, §2]

Note

$25 fee for equivalency determination application.  L 2002, c 129, §7.

HRS §467-12

§467-12  Place of business and posting of license.  (a)  A licensed real estate broker shall have and maintain a definite place of business in the State, in compliance with this chapter and the rules of the commission, and shall display therein the real estate broker's license and upon request make available any associating real estate salesperson's license.

(b)  No real estate broker's branch office shall operate without a registration previously obtained under and in compliance with this chapter and the rules of the commission. [L 1953, c 252, §3; RL 1955, §170-11; HRS §467-12; am L 1991, c 155, §3; am L 1999, c 240, §7]

HRS §467-14

§467-14  Revocation, suspension, and fine.  In addition to any other actions authorized by law, the commission may revoke any license issued under this chapter, suspend the right of the licensee to use the license, fine any person holding a license, registration, or certificate issued under this chapter, or terminate any registration or certificate issued under this chapter, for any cause authorized by law, including but not limited to the following:

(1)  Making any misrepresentation concerning any real estate transaction;

(2)  Making any false promises concerning any real estate transaction of a character likely to mislead another;

(3)  Pursuing a continued and flagrant course of misrepresentation, or making of false promises through advertising or otherwise;

(4)  Without first having obtained the written consent to do so of both parties involved in any real estate transaction, acting for both the parties in connection with the transaction, or collecting or attempting to collect commissions or other compensation for the licensee's services from both of the parties;

(5)  When the licensee, being a real estate salesperson, accepts any commission or other compensation for the performance of any of the acts enumerated in the definition set forth in section 467-1 of real estate salesperson from any person other than the real estate salesperson's employer or the real estate broker with whom the real estate salesperson associates or, being a real estate broker or salesperson, compensates one not licensed under this chapter to perform any such act;

(6)  When the licensee, being a real estate salesperson, acts or attempts to act as a real estate broker or represents, or attempts to represent, any real estate broker other than the real estate salesperson's employer or the real estate broker with whom the real estate salesperson is associated;

(7)  Failing, within a reasonable time, to account for any moneys belonging to others that may be in the possession or under the control of the licensee;

(8)  Any other conduct constituting fraudulent or dishonest dealings;

(9)  When the licensee, being a partnership, permits any member of the partnership who does not hold a real estate broker's license to actively participate in the real estate brokerage business thereof or permits any employee thereof who does not hold a real estate salesperson's license to act as a real estate salesperson therefor;

(10)  When the licensee, being a corporation, permits any officer or employee of the corporation who does not hold a real estate broker's license to have the direct management of the real estate brokerage business thereof or permits any officer or employee thereof who does not hold a real estate salesperson's license to act as a real estate salesperson therefor;

(11)  When the licensee, being a real estate salesperson, fails to file with the commission a written statement setting forth the name of the real estate broker by whom the licensee is employed or with whom the licensee is associated;

(12)  When the licensee fails to obtain on the contract between the parties to the real estate transaction confirmation of who the real estate broker represents;

(13)  Violating this chapter; chapter 484, 514B, 514E, or 515; section 516-71; or the rules adopted pursuant thereto;

(14)  Splitting fees with or otherwise compensating others not licensed hereunder for referring business; provided that notwithstanding paragraph (5), a real estate broker may pay a commission to:

(A)  A licensed real estate broker of another state, territory, or possession of the United States if that real estate broker does not conduct in this State any of the negotiations for which a commission is paid;

(B)  A real estate broker lawfully engaged in real estate brokerage activity under the laws of a foreign country if that real estate broker does not conduct in this State any of the negotiations for which a commission is paid; or

(C)  A travel agency that in the course of business as a travel agency or sales representative, arranges for compensation the rental of a transient vacation rental; provided that for purposes of this paragraph, "travel agency" means any person that, for compensation or other consideration, acts or attempts to act as an intermediary between a person seeking to purchase travel services and any person seeking to sell travel services, including an air or ocean carrier;

(15)  Commingling the money or other property of the licensee's principal with the licensee's own;

(16)  Converting other people's moneys to the licensee's own use;

(17)  The licensee is adjudicated insane or incompetent;

(18)  Failing to ascertain and disclose all material facts concerning every property for which the licensee accepts the agency, so that the licensee may fulfill the licensee's obligation to avoid error, misrepresentation, or concealment of material facts; provided that for the purposes of this paragraph, the fact that an occupant has AIDS or AIDS Related Complex (ARC) or has been tested for HIV (human immunodeficiency virus) infection shall not be considered a material fact;

(19)  When the licensee obtains or causes to be obtained, directly or indirectly, any licensing examination or licensing examination question for the purpose of disseminating the information to future takers of the examination for the benefit or gain of the licensee;

(20)  Failure to maintain a reputation for or record of competency, honesty, truthfulness, financial integrity, and fair dealing;

(21)  Acquiring an ownership interest, directly or indirectly, or by means of a subsidiary or affiliate, in any distressed property that is listed with the licensee or within three hundred sixty-five days after the licensee's listing agreement for the distressed property has expired or is terminated; or

(22)  When the licensee, being a real estate broker or a real estate salesperson, acting on behalf of a seller or purchaser of real estate, acts in a manner that prohibits a prospective purchaser or prospective seller of real estate from being able to retain the services of a real estate broker or real estate salesperson.

For the purposes of paragraphs (1) and (18), the real estate commission shall consider whether the licensee relied in good faith on information provided by other persons or third parties.

As used in this section, "distressed property" has the same meaning as set forth in section 480E-2.

Disciplinary action may be taken by the commission whether the licensee is acting as a real estate broker, or real estate salesperson, or on the licensee's own behalf. [L 1933, c 140, §11; RL 1935, §7320; am L 1935, c 126, §§1, 5; RL 1945, §7741; am L 1951, c 77, §5; RL 1955, §170-12; am L 1963, c 9, §1; HRS §467-14; am L 1974, c 205, §2(29); am L 1977, c 197, §1(5); am L 1984, c 176, §1 and c 263, §2; am L 1985, c 123, §2, c 140, §1, and c 141, §4; am L 1988, c 341, §1; am L 1989, c 168, §1 and c 203, §2; am L 1990, c 34, §32 and c 277, pt of §1; am L 1991, c 155, §4 and c 276, §1; am L 1992, c 202, §169; am L 1995, c 241, §6; am L 2004, c 164, §14; am L 2007, c 244, §3; am L 2009, c 66, §1; am L 2012, c 257, §1; am L 2015, c 41, §1; am L 2017, c 181, §18]

Case Notes

Indicates no exception for transactions in which broker acts as middleman.  68 H. 371, 715 P.2d 805 (1986).

Provision authorizing commission to revoke or suspend license for fee-splitting does not authorize a private right of action for recovery of sales commission paid or to bar a claim for services rendered.  1 H. App. 448, 620 P.2d 750 (1980).

Cited:  38 H. 9, 11 (1948); 6 H. App. 188, 716 P.2d 163 (1986).

HRS §467-15.5

§467-15.5  License issued after a revocation or automatic termination.  A person whose license has been revoked, or automatically terminated in accordance with section 467-18(e), may apply for a license as a new applicant after the revocation or termination period and, if applicable, after repayment to the real estate recovery fund and compliance with all the terms of the commission's final order.  Any person who was previously licensed as a real estate broker shall apply as a real estate salesperson.  Any person who was previously licensed as a real estate salesperson shall apply as a real estate salesperson.  A new applicant refused licensure as a real estate broker pursuant to this section shall not be entitled to a hearing on that refusal. [L 1986, c 312, §1; am L 1989, c 217, §2; am L 1994, c 100, §10]

HRS §467-16

§467-16  Real estate recovery fund; use of fund; fees.  (a)  The commission shall establish and maintain a trust fund which shall be known as the real estate recovery fund from which any person aggrieved by an act, representation, transaction, or conduct of a duly licensed real estate broker, or real estate salesperson, upon the grounds of fraud, misrepresentation, or deceit, may recover upon the commission's settlement of a claim or by order of the circuit court or district court of the county where the violation occurred, an amount of not more than $25,000 per transaction for damages sustained by the fraud, misrepresentation, or deceit, including court costs and fees as set by law, and reasonable attorney fees as determined by the court.

(b)  When any person makes application for an original license to practice as a real estate broker or salesperson the person shall pay, in addition to the person's original license fee, a real estate recovery fund fee as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91 for deposit in the real estate recovery fund.  If the commission does not issue the license, this fee shall be returned to the applicant.

(c)  The commission, as the trustee of the real estate recovery fund, shall be authorized to expend the funds to:

(1)  Retain private legal counsel to represent the commission in any action involving or which may result in payment from the real estate recovery fund;

(2)  Retain a certified public accountant for accounting and auditing of the real estate recovery fund;

(3)  Employ necessary personnel, not subject to chapter 76, to assist the commission in exercising its powers and duties with respect to the real estate recovery fund; and

(4)  Retain a consultant to recover and collect any payments from the real estate recovery fund plus interest from the judgment debtor. [L 1967, c 187, pt of §1; HRS §467-16; am L 1972, c 51, §1; am L 1973, c 142, §2; am L 1976, c 143, §1; am L 1983, c 116, §5; gen ch 1985; am L 1987, c 208, §2; am L 1988, c 145, §3; am L 1995, c 241, §8; am L 2000, c 253, §150; am L 2019, c 29, §§11, 18(2); am L 2020, c 12, §§4, 8]

Rules of Court

Applicability of Hawaii Rules of Civil Procedure, with respect to §§467-16 to 467-25, see HRCP rule 81(b)(12).

Case Notes

Appellants' contention that phrase "damages sustained", as used in this section, includes punitive damages was erroneous.  76 H. 39, 868 P.2d 457 (1994).

"Any person aggrieved" means any person-claimant involved in one transaction.  4 H. App. 552, 670 P.2d 459 (1983).

HRS §467-17

§467-17  Additional payments to fund.  (a)  If the balance remaining in the real estate recovery fund is less than $350,000, the department of commerce and consumer affairs shall assess every real estate licensee an additional payment to the recovery fund as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91 for deposit in the real estate recovery fund.

(b)  The failure of the licensee to pay the assessment within sixty days from the date of assessment shall constitute a forfeiture of the license.  The commission may impose other penalties or requirements as a condition to restoration of the license. [L 1967, c 187, pt of §1; HRS §467-17; am L 1983, c 116, §6; am L 1988, c 145, §4]

HRS §467-18

§467-18  Statute of limitation; recovery from fund.  (a)  No action for a judgment that subsequently results in an order for collection from the real estate recovery fund shall be started later than two years from the accrual of the cause of action thereon.  When any aggrieved person commences action for a judgment that may result in collection from the real estate recovery fund, the aggrieved person shall notify the commission in writing to this effect at the time of the commencement of the action and shall submit prescribed documents.  The commission may intervene in and defend any such action.

(b)  When any aggrieved person recovers a valid judgment in any circuit or district court where the violation occurred against any real estate broker, or real estate salesperson, upon the grounds of fraud, misrepresentation, or deceit, which occurred on or after January 1, 1968, the aggrieved person may, upon the termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days written notice to the commission, may apply to the court for an order directing payment out of the real estate recovery fund, of the amount unpaid upon the judgment, subject to the limitations stated in this section.  For any cause of action occurring prior to January 1, 1968, the aggrieved person must proceed against the existing bond covering the license which was in force prior to the establishment of the real estate recovery fund.

(c)  The court shall proceed upon the application in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show:

(1)  The person is not a spouse of debtor, or the personal representative of such spouse;

(2)  The person has complied with all the requirements of this section;

(3)  The person has obtained a judgment as set out in subsection (b) of this section, stating the amount thereof and the amount owing thereon at the date of the application;

(4)  The person has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment;

(5)  That by such search the person has discovered no personal or real property or other assets liable to be sold or applied, or that the person has discovered certain of them, describing them, owned by the judgment debtor and liable to be so applied, and that the person has taken all necessary action and proceedings for the realization thereof, and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; and

(6)  That where the real estate broker or real estate salesperson is a debtor in a bankruptcy proceeding, the aggrieved person has obtained an order from the bankruptcy court declaring the judgment against the real estate broker or real estate salesperson to be non-dischargeable.

(d)  The court shall make an order directed to the commission requiring payment from the real estate recovery fund of whatever sum it finds to be payable upon the claim, pursuant to and in accordance with the limitations contained in this section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by subsection (c) of this section and that the aggrieved person has fully pursued and exhausted all remedies available to the person for recovering the amount awarded by the judgment of the court.

(e)  Should the commission pay from the real estate recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensed real estate broker or real estate salesperson, the license of the real estate broker or real estate salesperson shall be automatically terminated upon the issuance of a court order authorizing payment from the real estate recovery fund.  No real estate broker or real estate salesperson shall be eligible to receive a new license until the expiration of at least five years from the effective date of the termination of the license and until the terminated real estate broker or real estate salesperson has repaid in full, plus interest at the rate provided for in section 478-3, the amount paid from the real estate recovery fund on the terminated real estate broker's or real estate salesperson's account.

(f)  If, at any time, the money deposited in the real estate recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the commission, shall, when sufficient money has been deposited in the real estate recovery fund, satisfy such unpaid claims or portions thereof, in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of six per cent a year. [L 1967, c 187, pt of §1; HRS §467-18; am L 1972, c 51, §1b; am L 1984, c 68, §1; gen ch 1985; am L 1987, c 283, §37; am L 1989, c 203, §3 and c 217, §2; am L 1994, c 100, §11; am L 1999, c 240, §8]

Case Notes

Where pending claims exceed available funds, funds may be distributed pro rata to claimants.  68 H. 550, 722 P.2d 460 (1986).

Aggrieved party must notify the commission at the time the action is commenced.  70 H. 536, 777 P.2d 709 (1989).

Second complaint was timely; where appellants failed to notify real estate commission of dismissal of first complaint and of filing of second complaint, any technical noncompliance by appellants with the statutory requirements of subsection (a) constituted harmless error.   76 H. 39, 868 P.2d 457 (1994).

Appeal of denial of post-judgment motion for order directing payment of judgment out of fund dismissed for lack of appellate jurisdiction as circuit court's jurisdiction in case had not ceased; amended default judgment was not final judgment where claims were still pending or unresolved against some defendants.  80 H. 270 (App.), 909 P.2d 598 (1995).

HRS §467-19

§467-19  Management of fund.  (a)  The sums received by the real estate commission for deposit in the real estate recovery fund shall be held by the commission in trust for carrying out the purpose of the real estate recovery fund.  The real estate commission, as the trustee of the recovery fund, shall be authorized to expend the funds to retain private legal counsel to represent the commission in any action involving the real estate recovery fund.  These funds may be invested and reinvested in the same manner as funds of the state employees' retirement system, and the interest from these investments shall be deposited to the credit of the real estate education fund, and which shall be available to the commission for educational purposes, which is hereby created.  The real estate commission, as trustee of the real estate education fund, may invest and reinvest the real estate education fund in the same manner as funds of the state employees' retirement system.  Any law to the contrary notwithstanding, the commission may make a finding that a fee adjustment is appropriate and may adjust the fees generated to regulate the fund balances of the real estate recovery fund and the real estate education fund to appropriate levels to maintain a reasonable relation between the fees generated and the cost of services rendered by the real estate recovery fund and real estate education fund.  The commission for investment purposes, may combine the real estate education and recovery funds and invest and reinvest the combined funds in the same manner as funds of the state employees' retirement system.  The commission shall keep separate accounting records for the two funds.  For the purposes of finding that a fee adjustment is appropriate in order to maintain a reasonable relation between the fees generated and the cost of services rendered by the funds, the commission's review shall include the following:

(1)  Frequency and timing of anticipated revenue to the fund;

(2)  Identification of a reserve amount based on unanticipated revenue reductions and historical expenditures;

(3)  Anticipated expenses paid, including recovery payouts during a biennial budget cycle;

(4)  Unanticipated natural disasters or catastrophic weather events that may increase fund payments; and

(5)  Any statutory adjustments to fund payout amounts.

The balance in each fund shall not exceed sums determined by the commission.  The sums shall be determined by the commission biennially.

(b)  Educational purposes as used in subsection (a) shall include those purposes to promote the advancement of education and research in the field of real estate for the benefit of the public and those licensed under the provisions of this chapter and the improvement and more efficient administration of the real estate industry.  The commission, in its discretion, may use any and all moneys in the real estate education fund consistent with the above.  The commission and the director of commerce and consumer affairs may also use moneys in the education fund to employ necessary personnel, not subject to chapter 76, to fully effectuate subsection (b) and carry out its purpose. [L 1967, c 187, pt of §1; HRS §467-19; am L 1974, c 60, §1; am L 1982, c 270, §4; am L 1987, c 178, §1; am L 2000, c 253, §150; am L 2020, c 12, §5]

HRS §467-2

§467-2  Exceptions.  The provisions requiring licensing as a real estate broker or salesperson shall not apply:

(1)  To any individual who, as owner of any real estate or acting under power of attorney from the owner, performs any of the acts enumerated in the definitions of real estate broker and real estate salesperson with reference to the real estate; provided that the term "owner" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or include an individual who acquires any interest in any real estate for the purpose or as a means of evading the licensing requirements of this chapter; and provided further that the term individual "acting under power of attorney" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or any individual who acts under a power of attorney for the purpose or as a means of evading the licensing requirements of this chapter;

(2)  To any person acting as a receiver, trustee in bankruptcy, personal representative, or trustee acting under any trust agreement, deed of trust, or will, or otherwise acting under any order of authorization of any court;

(3)  To any individual who leases, offers to lease, rents, or offers to rent, any real estate or the improvements thereon of which the individual is the custodian or caretaker;

(4)  To any person who manages, rents, or operates a hotel; or

(5)  To any provider agency owning, leasing, operating, or managing a homeless facility or any other program for the homeless authorized under part XVII of chapter 346. [L 1933, c 140, §12; RL 1935, §7311; am L 1941, c 205, pt of §1; RL 1945, §7732; RL 1955, §170-2; am L 1961, c 154, §2; HRS §467-2; am L 1971, c 26, §1; am L 1976, c 200, pt of §1; am L 1985, c 141, §3; gen ch 1985; am L 1989, c 217, §2; am L 1991, c 212, §6; am L 1994, c 100, §2; am L 1997, c 350, §17; am L 1998, c 212, §3; am L 2007, c 249, §22; am L 2010, c 89, §6]

Attorney General Opinions

Exception does not apply to an employee of a corporation.  Att. Gen. Op. 66-6.

HRS §467-21

§467-21  The real estate commission has standing in court.  When the real estate commission receives notice, as provided in section 467-18(a), the commission may enter an appearance, file an answer, appear at the court hearing, defend the action, or take whatever other action it deems appropriate on behalf and in the name of the defendant, and take recourse through any appropriate method of review on behalf of, and in the name of, the defendant.  The commission or its legal representative shall be served with all pleadings in an action which may result in a recovery from the real estate recovery fund.

Settlement of any claim against the real estate recovery fund may be made only with the agreement of a majority of the commission that settlement is in the best interest of the real estate recovery fund. [L 1967, c 187, pt of §1; HRS §467-21; am L 1972, c 51, §1c; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 121, §2]

HRS §467-22

§467-22  Subrogation of rights.  When, upon the order of the court, or upon the commission's settlement of a claim, the real estate commission has paid from the real estate recovery fund any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor and the judgment creditor shall assign all the creditor's right, title, and interest in the judgment or settlement to the commission and any amount and interest so recovered by the commission on the judgment or settlement shall be deposited to the fund. [L 1967, c 187, pt of §1; HRS §467-22; gen ch 1985; am L 1987, c 208, §1]

HRS §467-24

§467-24  Maximum liability.  Notwithstanding any other provision, the liability of the real estate recovery fund shall not exceed $50,000 for any one licensee. [L 1967, c 187, pt of §1; HRS §467-24; am L 1977, c 197, §2; am L 1983, c 116, §7]

Case Notes

Change in maximum liability of recovery fund did not apply to cases where cause of action accrued before change took effect.  64 H. 74, 636 P.2d 1344 (1981).

HRS §467-25

§467-25  Disciplinary action against licensee.  Nothing contained herein shall limit the authority of the real estate commission to take disciplinary action against any licensee for a violation of this chapter, or the rules and regulations of the commission; nor shall the repayment in full of all obligations to the real estate recovery fund by any licensee nullify or modify the effect of any other disciplinary proceeding brought pursuant to this chapter. [L 1967, c 187, pt of §1; HRS §467-25]

HRS §467-25.5

§467-25.5  Registration of schools, instructors; fees.  (a)  Schools.  Any person may apply to the real estate commission for a certificate of registration as a real estate school upon the payment to the department of commerce and consumer affairs of an initial registration fee and thereafter a biennial registration fee.  No school shall be granted a certificate of registration unless it maintains a sufficient number of registered instructors, requires a course of training of not less than that required by section 467-8, and meets other requirements as provided in rules adopted by the commission.

(b)  Instructors.  The commission shall issue a certificate of registration as instructor to any person who meets its requirements and pays the proper fee.

(c)  The fees, including a nonrefundable processing fee, for a certificate of registration and renewal thereof for schools and instructors shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91.

(d)  Examination fee for instructors requesting to be certified if and when required shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91.

(e)  In the event a certificate of registration is forfeited, the certificate of registration may be reinstated upon payment of the renewal fee that is immediately due and owing, past due renewal fees, and penalty fees as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91.

(f)  The commission shall adopt rules it deems proper to fully effectuate this section.  The adoption of rules shall include, but not be limited to:

(1)  Requirements for registration as a real estate school and as an instructor;

(2)  Requirements for a certificate of registration renewal for a real estate school and an instructor; and

(3)  Reinstatement requirements for a forfeited certificate of registration for a real estate school and an instructor.

(g)  The biennial renewal fee shall be paid to the department of commerce and consumer affairs on or before December 31 of every even-numbered year.  Failure, neglect, or refusal of a holder of any duly issued certificate of registration to pay the biennial renewal fee shall constitute a forfeiture of the certificate of registration.  The certificate of registration may be reinstated upon written application therefor, payment to the department of the sum specified in subsection (e), and satisfaction of other requirements for reinstatement of a certificate of registration as provided in rules adopted by the commission. [L 1973, c 150, §1; am L 1988, c 145, §5; am L 1990, c 237, §2]

HRS §467-3

§467-3  Commission, appointments, qualifications, tenure.  There shall be appointed a commission to be known as the real estate commission, to consist of nine members, at least four of whom shall be licensed real estate brokers who have been engaged in business as licensed real estate brokers or salespersons for three years immediately preceding their appointments, each of whom shall be a citizen of the United States and shall have resided in the State for at least three years preceding appointment, and one of whom shall be designated by the appointing power as chairperson.  Four members shall be residents of the city and county of Honolulu, one shall be a resident of the county of Hawaii, one shall be a resident of the county of Maui, and one shall be a resident of the county of Kauai and two members shall be public members.

Appointments shall be made for a term of four years, commencing from the date of expiration of the last preceding term and shall be made to expire on June 30.  Appointments shall be made so that at least one appointment shall be required each year.

Any vacancy shall be filled by appointment for the unexpired term. [L 1933, c 140, §§2, 3; RL 1935, §7312; am L 1935, c 126, §1; RL 1945, §7733; am L 1951, c 77, §1; RL 1955, §170-3; am L 1959, c 165, §1; am L Sp 1959 2d, c 1, §§5, 15; am L 1961, c 154, §3; HRS §467-3; am L 1978, c 208, §14; am L 1980, c 60, §1; gen ch 1985; am L 1986, c 130, §4; am L 1989, c 217, §2; am L 1992, c 202, §167; ree L 1993, c 322, §16]

Cross References

Departmental administration, see §§26-9 and 26-35.

Quorum, see §92-15.

Case Notes

Cited:  38 H. 9 (1948).

HRS §467-30

§467-30  Registration, bonding, and other requirements for condominium hotel operators.  (a)  As used in this section:

"Condominium hotel" includes those units in a project as defined in section 514B-3 and subject to chapter 514B that are used to provide transient lodging for periods of less than thirty days.

"Operating a condominium hotel" includes the:

(1)  Management of the apartments or units in a condominium project for purposes of providing transient lodging; and

(2)  Renting or leasing of condominium apartments or units directly or indirectly from the apartment or unit owners for purposes of providing transient lodging.

(b)  All condominium hotel operators shall register with the commission as a sole proprietor, partnership, limited liability company, or corporation and shall:

(l)   Register by submitting a completed commission application form with the commission requested information, receive commission approval prior to conducting condominium hotel activity, and re-register on or before the commission prescribed deadline prior to the registration expiration date.  The registration and re-registration shall expire on December 31 of an even-numbered year.  Registration information shall include but not be limited to the number of apartments or units managed for others as well as the number of apartments or units owned by the condominium hotel operator.  Any operator failing to register with the commission shall be subject to a fine not exceeding an amount equal to $25 multiplied by the aggregate number of apartments or units being utilized as a condominium hotel.  Each month or fraction of a month of noncompliance shall be deemed a new and separate violation;

(2)  Obtain and keep current a fidelity bond from an insurance company authorized to issue fidelity bonds by the insurance division of the department of commerce and consumer affairs.  The fidelity bond shall be in an amount equal to $500 multiplied by the aggregate number of apartments or units in the condominium hotel operation; provided that the minimum amount of the fidelity bond required by this paragraph shall not be less than $20,000 nor greater than $100,000.  The aggregate number of apartments or units excludes the number of apartments or units owned by the condominium hotel operator either as a sole proprietor, partnership, limited liability company, or corporation or those apartments or units included in a registered time share plan managed by a registered time share plan manager.  The fidelity bond shall cover all of the condominium hotel operator's employees handling or having custody and control of either the condominium hotel operator's or the apartment or unit owner's funds, or both.  Upon request by the commission, the condominium hotel operator shall provide evidence of a current fidelity bond or a certification statement from an insurance representative of an insurance company authorized by the insurance division of the department of commerce and consumer affairs certifying that the fidelity bond is in effect and meets the requirements of this section and the rules adopted by the commission.  The commission may adopt rules establishing conditions and terms by which it may grant a bond alternative or permit deductibles.  No condominium hotel operator shall be exempt from the fidelity bond requirement; and

(3)  Pay an application fee and an initial registration or a re-registration fee as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91, which fees shall be deposited with the director of commerce and consumer affairs to the credit of the compliance resolution fund established pursuant to section 26-9(o);

provided that this section shall not apply to persons who are subject to section 467-2.

(c)  In the course of operating a condominium hotel, neither a real estate broker license nor a real estate salesperson license shall be required of those employees of a condominium hotel operator who only perform or facilitate the delivery of customary hotel services.

(d)  All employees handling or having custody or control of the funds received by the condominium hotel operator shall be covered by a fidelity bond.  The fidelity bond shall protect the condominium hotel operator against fraudulent or dishonest acts by the employees of the condominium hotel operator.

(e)  The condominium hotel operator shall provide to the owner or owners of each apartment or unit under the condominium hotel operation a written contract expressing the exact agreements of each party, including all financial and accounting obligations, and the notification requirements of subsection (g).

(f)  A condominium hotel operator shall operate in condominium projects specifically authorized for transient lodgings by county zoning and regulations and specifically permitted by the condominium project's declaration and bylaws.

(g)  The registered condominium hotel operator:

(1)  Shall not provide or offer lodgings thirty days or longer;

(2)  Shall not be licensed as a real estate broker or a real estate salesperson;

(3)  Shall not conduct any other activities contained in the definition of the term "real estate broker";

(4)  Shall appoint an employee or principal to have direct management and responsibility over condominium hotel operations; and

(5)  Shall provide evidence of written notification to all representing apartment or unit owners of the provisions of this section including the nonapplicability of the real estate recovery fund.

(h)  Any condominium hotel operator aggrieved by the fraudulent or dishonest acts of an employee shall act promptly and diligently to recover from the fidelity bond required by this section.  The condominium hotel operator shall apply all proceeds received from the fidelity bond against all losses incurred by apartment or unit owners due to fraudulent or dishonest acts by employees.  If more than one apartment or unit owner suffers a loss, the condominium hotel operator shall divide the proceeds among the owners in proportion to each owner's loss.

(i)  All persons handling or having custody and control of either the condominium hotel operator's or the apartment or unit owner's funds shall be either employees of the condominium hotel operator or principals of the condominium hotel operator.

(j)  The registration and fidelity bond requirements of this section shall not apply to active real estate brokers, in compliance with and licensed under this chapter, conducting condominium hotel activity. [L 1985, c 141, §1; am L 1987, c 276, §1; am L 1988, c 145, §6 as superseded by c 225, §1; am L 1989, c 144, §1; am L 1990, c 41, §2; am L 1991, c 155, §5; am L 1994, c 100, §13; am L 1995, c 241, §10; am L 1997, c 45, §2 and c 232, §10; am L 1999, c 240, §9; am L 2001, c 245, §2; am L 2004, c 164, §15; am L 2007, c 244, §4; am L 2008, c 28, §27; am L 2017, c 181, §19; am L 2021, c 230, §20]

HRS §467-4

§467-4  Powers and duties of commission.  In addition to any other powers and duties authorized by law, the real estate commission shall:

(1)  Grant licenses, registrations, and certificates pursuant to this chapter;

(2)  Adopt, amend, or repeal rules as it may deem proper to effectuate this chapter and carry out its purpose, which is the protection of the general public in its real estate transactions.  All rules shall be approved by the governor and director of commerce and consumer affairs, and when adopted pursuant to chapter 91 shall have the force and effect of law.  The rules may forbid acts or practices deemed by the commission to be detrimental to the accomplishment of the purpose of this chapter, and the rules may require real estate brokers and salespersons to complete educational courses or to make reports to the commission containing items of information as will better enable the commission to enforce this chapter and the rules, or as will better enable the commission from time to time to amend the rules to more fully effect the purpose of this chapter, and, further, the rules may require real estate brokers and salespersons to furnish reports to their clients containing matters of information as the commission deems necessary to promote the purpose of this chapter.  This enumeration of specific matters that may properly be made the subject of rules shall not be construed to limit the commission's broad general power to make all rules necessary to fully effectuate the purpose of this chapter;

(3)  Enforce this chapter and rules adopted pursuant thereto;

(4)  Suspend, fine, terminate, or revoke any license, registration, or certificate for any cause prescribed by this chapter, or for any violation of the rules, and may require additional education or reexamination, and refuse to grant any license, registration, or certificate for any cause that would be a ground for suspension, fine, termination, or revocation of a license, registration, or certificate;

(5)  Report to the governor and legislature relevant information that shall include but not be limited to a summary of the programs and financial information about the trust funds, including balances and budgets, through the director of commerce and consumer affairs annually, before the convening of each regular session, and at other times and in other manners as the governor or the legislature may require concerning its activities;

(6)  Publish and distribute pamphlets and circulars, produce seminars and workshops, hold meetings in all counties, and require other education regarding any information as is proper to further the accomplishment of the purpose of this chapter;

(7)  Enter into contract or contracts with qualified persons to assist the commission in effectuating the purpose of this chapter;

(8)  Develop a curriculum for leadership training for condominium boards of directors, including pertinent provisions of chapter 514B, association governing documents, and the fiduciary duties of board members; and

(9)  Establish standing committees to assist in effectuating this chapter and carry out its purpose, which shall meet no less than ten times annually, and shall from time to time meet in each of the counties. [L 1933, c 140, pt of §4; RL 1935, pt of §7313; am L 1935, c 126, §1; RL 1945, pt of §7734; am L 1951, c 77, pt of §2; RL 1955, pt of §170-4; am L Sp 1959 2d, c 1, §§6, 15; am L 1961, c 154, §4; am L 1963, c 114, §3; am L 1965, c 96, §111; am imp L 1967, c 223, §24; HRS §467-4; am L 1973, c 150, §2; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 1989, c 217, §2; am L 1992, c 202, §168; am L 1994, c 100, §3; am L 1995, c 241, §2; am L 2023, c 149, §1]

Case Notes

When statute did not authorize examination as to proficiency, commission could not by regulation require passage as condition for license.  38 H. 9 (1948).

HRS §467-4.5

[§467-4.5]  Continuing education.  (a)  The commission shall have the authority to:

(1)  Set content and other requirements for continuing education courses, providers, and instructors;

(2)  Determine whether requirements have been met;

(3)  Specify a mandatory core course, courses, or equivalencies for a licensing biennium;

(4)  Determine how many hours of a continuing education course will be credited toward continuing education requirements for real estate licensees;

(5)  Develop its own continuing education courses or approve courses developed by others; and

(6)  Authorize the provision of courses taught by alternative delivery methods with interactive instructional techniques.  Interactive instructional techniques may include but are not limited to:

(A)  The opportunity for immediate exchange with an instructor; and

(B)  Assessment and remediation through the assistance of computer, electronic, audio, or audiovisual interactive instruction designed to internally measure and evaluate whether students have mastered stated learning objectives.

(b)  Continuing education providers shall:

(1)  Certify that instructors have met the commission requirements;

(2)  Ensure that instructors are competent in the subject matter of the course and are current in their knowledge of the subject matter; and

(3)  Ensure that the course is based on current information, laws, and rules.

(c)  Continuing education instructors shall ensure that their courses are based on current information, laws, and rules.

(d)  Continuing education courses shall be designed to improve a licensee's competency, or professional standards and practice and shall:

(1)  Be offered by a provider approved by the commission and either be:

(A)  Approved by the commission and delivered by an instructor certified by a commission-approved continuing education provider;

(B)  A national course delivered by an instructor certified by the National Association of Realtors or its affiliates;

(C)  A national course delivered by an instructor certified by the Building Owners and Managers Association, the Community Associations Institute, or any other national organization approved by the commission; or

(D)  Certified by the Association of Real Estate License Law Officials;

(2)  Be designed to allow students to exceed minimal entry level competency in the subject matter of the course including consumer protection in real estate transactions; and

(3)  Not require an examination. [L 1999, c 47, pt of §2 as superseded by c 240, §2]

HRS §467-5

§467-5  Board's employees.  Subject to chapter 76, the department of commerce and consumer affairs may employ and remove such administrative and clerical assistants as the real estate commission requires and prescribe their powers and duties. [L 1933, c 140, pt of §4; RL 1935, pt of §7313; RL 1945, pt of §7734; am L 1951, c 77, pt of §2; RL 1955, pt of §170-4; am imp L 1963, c 21, §1 and c 114, §3; HRS §467-5; am L 1982, c 204, §8; am L 2000, c 253, §150]

HRS §467-6

§467-6  Place of meeting.  The director of commerce and consumer affairs shall provide suitable quarters for meetings of the real estate commission and for the transaction of its other business. [L 1933, c 140, §5; RL 1935, §7314; am L 1935, c 126, §1; RL 1945, §7735; RL 1955, §170-5; am L Sp 1959 2d, c 1, §6; am L 1963, c 114, §3; HRS §467-6; am L 1982, c 204, §8; am L 1983, c 124, §17]

HRS §467-7

§467-7  Licenses required to act as real estate broker and salesperson.  No person within the purview of this chapter shall act as real estate broker or real estate salesperson, or shall advertise, or assume to act as real estate broker or real estate salesperson without a license previously obtained under and in compliance with this chapter and the rules and regulations of the real estate commission. [L 1933, c 140, §6; RL 1935, §7315; am L 1935, c 126, §1; RL 1945, §7736; RL 1955, §170-6; HRS §467-7; am L 1989, c 217, §2]

Attorney General Opinions

Only persons not regularly engaged in real estate transaction with a power of attorney from the owner are within the exception.  Att. Gen. Op. 65-24.

Includes employees involved in real estate transactions of employer's land.  Att. Gen. Op. 66-6.

Selling lists of available real estate rentals is not an act within the definition of a real estate broker.  Att. Gen. Op. 67-15.

Case Notes

Cited:  38 H. 9, 11 (1948).

HRS §467-8

§467-8  Prerequisites for license, registration, or certificate.  (a)  No license, registration, or certificate under this chapter shall be issued to:

(1)  Any individual applying for a real estate broker or salesperson license who does not satisfy the requirements set forth in section 467-9.5;

(2)  Any individual applying for a real estate broker or salesperson license unless the individual has demonstrated by passing with a grade satisfactory to the commission an examination appropriate to the license sought that the individual has a reasonable knowledge of:

(A)  Estates, interests, and rights in real property;

(B)  The documents or acts or occurrences by which property is transferred or otherwise affected;

(C)  The rights and duties of an agent;

(D)  The laws of the State relating to real estate brokers and salespersons; and

(E)  Other subjects that the commission determines to be essential for the protection of the general public in its real estate transactions;

(3)  Any person who does not possess a reputation for or record of competency, honesty, truthfulness, financial integrity, and fair dealing;

(4)  Any partnership unless the real estate brokerage business thereof is under the direct management of a principal broker who is a general partner or employee thereof and holds a current active real estate broker's license;

(5)  Any corporation unless the real estate brokerage business thereof is under the direct management of a principal broker who is an officer or employee thereof and holds a current active real estate broker's license;

(6)  Any individual applying for a real estate broker's license who does not have a current Hawaii real estate salesperson's license;

(7)  Any person with a trade name, partnership, limited liability company, or corporation that is not currently registered with the business registration division of the department of commerce and consumer affairs; provided that no real estate salesperson's license shall be approved or issued with a trade name; or

(8)  Any limited liability company unless the real estate brokerage business is under the direct management of a principal broker who is a member of a member-managed limited liability company or a manager of a manager-managed limited liability company or employee and holds a current active real estate broker's license.

(b)  Prior to submitting to prelicensing education or examination requirements, an individual candidate may request that the commission consider a preliminary decision as to whether the individual candidate for a real estate license will be denied a real estate license pursuant to section 467-8(a)(3).  The individual candidate shall submit a completed application, all information requested by the commission, and the nonrefundable application fee as provided in rules adopted by the director pursuant to chapter 91.  The preliminary decision shall provide advisory guidance, shall not be construed as binding, and shall not be subject to appeal.  The individual candidate seeking a preliminary decision shall not be considered an applicant for licensure.  A preliminary decision that is unfavorable to the individual shall not prevent the individual from submitting a complete license application and fees after successful completion of the prelicensing requirements. [L 1933, c 140, §7; RL 1935, §7316; am L 1935, c 126, §3; am L 1941, c 205, pt of §1; RL 1945, §7737; am L 1949, c 276, §1; am L 1951, c 77, §3; RL 1955, §170-7; am L 1957, c 48, §1; am L 1959, c 163, §1; am imp L 1967, c 187, §2; HRS §467-8; am L 1971, c 16, §1 and c 27, §1; am L 1973, c 131, §1; am L 1974, c 205, §2(28); am L 1982, c 270, §1; am L 1983, c 116, §1; gen ch 1985; am L 1989, c 217, §2; am L 1991, c 155, §1; am L 1993, c 71, §1; am L 1994, c 100, §4; am L 1995, c 241, §3; am L 1999, c 240, §3]

Cross References

Disposal of examination papers, see §94-5.

Case Notes

Cited:  38 H. 9, 10 (1948).

HRS §467-9

§467-9  License, registration, certificate, and applications.  (a)  Every applicant for issuance of a real estate license, registration, or certificate under this chapter shall file an application with the commission in a form and setting forth the information as may be prescribed or required by the commission, and shall furnish any additional information bearing upon the issuance of the license, registration, and certificate as it requires.  In the case of a partnership or corporation, any general partner or officer thereof may sign the application on behalf of the applicant.  The commission may prescribe deadlines for the submission of applications.

(b)  Unless approved by the commission, no real estate broker's license shall be issued under or changed to any trade name, corporate name, or partnership name which contains the name, part of the name, initials, or nickname of:

(1)  An unlicensed person;

(2)  A real estate salesperson; or

(3)  A real estate broker whose real estate license is not associated with or employed by the subject real estate broker applicant.

A real estate broker's license name includes any trade name approved by the commission.

(c)  A real estate broker's license shall be placed on an inactive status unless the real estate broker immediately changes its name, trade name, corporate name, or partnership name that contains the name, part of the name, initials, or nickname of:

(1)  A real estate licensee who is no longer associated with or employed by the subject real estate broker, except in the case of incapacitating disability or death of the real estate licensee where written authorization is obtained from the real estate licensee or legal representative of the licensee permitting use of the name; or

(2)  A real estate licensee who is no longer a current active real estate licensee due to revocation, termination, forfeiture, surrender, or inactive status.

The changes shall comply with this chapter and the rules of the commission.

(d)  Notwithstanding subsection (b), a real estate broker's license name may include the name of a franchise registered with the business registration division of the department of commerce and consumer affairs. [L 1933, c 140, §8; RL 1935, §7317; am L 1935, c 126, §1; RL 1945, §7738; RL 1955, §170-8; HRS §467-9; am L 1971, c 17, §1; am L 1973, c 131, §2; am L 1983, c 116, §2; am L 1984, c 263, §1; am L 1987, c 283, §35; am L 1989, c 217, §2; am L 1993, c 125, §1; am L 1994, c 100, §5; am L 1997, c 40, §20 and c 45, §1]

Cross References

Fees; license and renewals, see §467-11.

Case Notes

Cited:  38 H. 9, 10 (1948).

HRS §467-9.5

§467-9.5  Prerequisites for examination.  (a)  No individual shall be eligible for the licensing examination unless the individual:

(1)  Is a United States citizen, a United States national, or an alien authorized to work in the United States;

(2)  Is of the age of majority;

(3)  Has earned a high school diploma or its equivalent; and

(4)  Is applying for:

(A)  The real estate salesperson examination and has satisfactorily completed a commission-approved prelicensing course for real estate salesperson candidates, which includes real estate principles, or its equivalent as determined by the commission; or

(B)  The real estate broker examination and:

(i)  Holds a current, unencumbered Hawaii real estate salesperson license or a current, unencumbered real estate salesperson or broker license in another state or in a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission;

(ii)  Has satisfactorily completed a commission-approved prelicensing course for real estate broker candidates, or its equivalent as determined by the commission; and

(iii)  Has experience as a full-time Hawaii-licensed real estate salesperson associated with a Hawaii-licensed real estate broker for at least three years of the five-year period immediately prior to the submission of the experience certification application and has practical real estate salesperson experience, as certified by the principal broker, principal brokers, broker in charge, or brokers in charge, as the case may be, during the subject period.  The candidate shall secure commission approval of the candidate's experience certification application prior to the date of the examination.  Subject to commission approval, a candidate may request a determination of equivalency for the experience requirement based on real estate salesperson license experience or a current, unencumbered real estate broker license in another state, or in a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission.

(b)  Each individual shall certify that the prerequisites set forth in this section have been or will be satisfied prior to the date of examination.  The examination score of any individual who has taken the examination without having satisfied the prerequisites set forth in this section prior to the date of examination shall be voided. [L 1973, c 131, pt of §3; am L 1975, c 42, §1; am L 1982, c 270, §2; am L 1983, c 116, §3; am L 1986, c 106, §1; am L 1989, c 203, §1 and c 217, §2; am L 1990, c 5, §1; am L 1993, c 125, §2; am L 1994, c 100, §6; am L 1995, c 241, §4; am L 1999, c 240, §4; am L 2001, c 245, §1; am L 2002, c 129, §3; am L 2019, c 246, §2]

Note

$25 fee for equivalency determination application.  L 2002, c 129, §7.

The 2019 amendment applies only to new applicants who are applying for licensure as a real estate broker or salesperson for the first time on or after July 1, 2020.  L 2019, c 246, §3.

HRS §467-9.6

§467-9.6  Examination.  (a)  Every applicant for a real estate examination shall file an application with either the commission or the testing service agency designated by the commission pursuant to rules of the commission to provide the testing service.  The application shall be in a form prescribed by the commission and shall include a certification statement that the applicant has fulfilled or will fulfill by the date of the examination, the prerequisites for examination.  Every application shall be accompanied by an examination fee as determined by the commission by rules adopted pursuant to chapters 26 and 91.  Applicants shall apply for real estate licenses in the manner prescribed by the commission.

(b)  The commission may prescribe the passage of a specific section or sections of the examination for different purposes, including the following:

(1)  A current out-of-state licensee requesting an equivalency to the uniform part of the state prelicensing examination based on previously passing the uniform portion of another state's licensing examination or equivalent as determined by the commission.  The approved equivalency will be for the respective examination passed in the other state;

(2)  Equivalency to continuing education requirements as determined by the commission;

(3)  Restoration of forfeited license; and

(4)  Reinstatement of license due to disciplinary action, as determined by the commission;

subject to the contract with the testing service and submission of application and approval prior to application for the examination. [L 1973, c 131, pt of §3; am L 1981, c 23, §1; am L 1982, c 270, §3; am L 1994, c 100, §7; am L 1999, c 240, §5]

Haw. Rev. Stat. § t28-ch501

HRS | Chapter 501 Land Court Registration

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Hawaii Revised Statutes

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Hawaii Revised Statutes

Title 28. Property

    Chapter 501

Land Court Registration

DIVISION 3. PROPERTY; FAMILY

TITLE 28. PROPERTY

Chapter

501 Land Court Registration

502 Bureau of Conveyances; Recording

502C Family Child Care Homes

503 Commissioners of Deeds—Repealed

503B Time Share Commissioners of Deeds

504 Federal Judgment Registration

505 Uniform Federal Tax Lien Registration Act (Modified)

506 Mortgages of Real Property or Fixtures

507 Liens

507D Nonconsensual Common Law Liens and Frivolous Financing

Statements

508 Uniform Vendor and Purchaser Risk Act

508C Uniform Environmental Covenants Act

508D Mandatory Seller Disclosures in Real Estate Transactions

509 Conveyances to Two or More

510 Community Property

511 War Emergency Agency–Repealed

512 Release of Powers

513 Property Rights–Labor Organizations

514 Horizontal Property Regimes–Repealed

514A Condominium Property Regimes

514B Condominiums

514C Lease to Fee Conversions for Condominiums and Cooperative

Housing Corporations

514E Time Sharing Plans

515 Discrimination in Real Property Transactions

516 Residential Leaseholds

516D Residential Leasehold Condominiums and Cooperatives

517 Disposition of Trust Real Property

517D Uniform Management of Institutional Funds Act–Repealed

517E Uniform Prudent Management of Institutional Funds Act

518 Covenants in Leases

519 Real Property Leases

520 Landowners’ Liability

520A Landowner’s Liability for Access to Control Invasive

Species

521 Residential Landlord-Tenant Code

522 Uniform Disclaimer of Property Interests Act–Repealed

523 Revised Uniform Disposition of Unclaimed Property

Act–Repealed

523A Unclaimed Property

524 Facilities for Elders

525 Uniform Statutory Rule Against Perpetuities

526 Uniform Disclaimer of Property Interests Act

527 Uniform Real Property Transfer on Death Act

CHAPTER 501

LAND COURT REGISTRATION

Part I. General Provisions

Section

Land Court; Personnel

501-1 Court; jurisdiction; proceedings; location; rules,

practice, etc.

501-2 Judges; assignment of cases

501-3 Sessions

501-4 Process

501-5 Repealed

501-6 Registrar and assistants; appointment, tenure,

powers, and duties

501-7 Registrar; powers, duties

501-8 Registrar may act in any circuit

501-9 Assistant registrars; powers

501-10 Registrar and assistants; oath, accounts, absence

501-11 Examiners of title; appointment, removal

501-12 Salaries and expenses

501-13 Validity of facsimile signature

Commencement of Land Registration Procedure

501-20 Definitions

501-20.5 Rules

501-21 Registration application; by whom made

501-22 Filing; memorandum to be recorded

501-23 Application, form, and contents

501-23.5 Disposition of fees received at the bureau of

conveyances

501-24 Agent for nonresident

501-25 Application may include several parcels

501-26 Amendments to application

501-27 Land bounded on way

501-28 Plans and muniments

501-29 Land subject to mortgage or lease

501-30 Additional facts

501-31 Transfers pending application; temporary record;

final record

501-32 Reference to examiner; report; election to proceed

501-33 Accretion to land

Notice after Report

501-41 Notice of application

501-42 Service; return day; further notice

501-43 Guardian ad litem; compensation

501-44 Contests not otherwise represented; duty of attorney

general; res adjudicata when

501-45 Answer intervention; surveyor to be heard when

501-46 Default; effect

Hearings and Powers

501-51 Reference to other judges or to master; maps,

reference; subdivision; costs; etc.

501-52 Powers of the court

501-53 Dismissal; effect; withdrawal, conditions

Review of Decisions and Decrees

501-61 to 63 Repealed

501-64 Enforcement of decrees; bailiff

Decrees

501-71 Decree of registration; conditional when; quieting

title, exceptions; reopened when

501-72 Types of nonabsolute title

501-73 Removing clouds on title

501-74 Decree, contents of

501-75 Transcription of decree in registry; certificate of

title

Legal Incidents of Registered Land

501-81 Legal incidents of registered land

501-82 Tenure of holder of certificate of title

501-83 Certificate effective from transcription

501-83.5 Outstanding owner’s duplicate certificates

501-84 Certificates, when two or more owners

501-85 Substitution, one certificate for several, several

for one; subdivisions, maps

501-86 Registration runs with land

501-87 No adverse possession or prescription

501-88 Certificate as evidence

501-89 Indexes, record books, etc.

Voluntary Dealing with Land after Original Registration

501-101 Voluntary dealing with registered lands

501-101.5 Agreements of sale; priority

501-102 Filing liens, etc., notice

501-103 Conveyances of less than fee simple

501-104 Reference of doubtful questions

501-105 Grantee’s address, etc., to be stated

501-106 Entry of new certificate

501-107 Entry record; duplicates and certified copies

501-108 Conveyance of fee; procedure

501-109 Portion of registered fee

501-110 Statement of encumbrances

Mortgages

501-116 Mortgage registration necessary

501-117 Procedure

501-118 Foreclosure

Leases

501-121 Leases; registration required

Trusts

501-131 Transfer in trust; procedure

501-132 Powers to be noted on certificate; construction for

court

501-133 New trustee

501-134 Trusts, implied or constructive

501-135 Application by trustee

501-136 Attachment and other liens; filing or recording of

501-137 Repealed

501-138 Discharge or modification of liens to be recorded

501-139 Assistant registrar as official recorder

501-140 Indorsement of and notices to plaintiff’s attorney

501-141 Court orders to be recorded

501-142 Mechanic’s lien

501-143 Enforcement of lien

501-144 New certificate after enforcement of lien; tax sale

Pending Actions; Judgments and Partitions; Recording

501-151 Pending actions, judgments; recording of, notice

501-152 Certificate of judgment for defendant

501-153 Certificate of judgment for plaintiff

501-154 Writ of possession, service, time limit for

registration

501-155 Judgment directing conveyance

501-156 Partition

501-157 Reregistration of mortgage or lease after partition

501-158 Notice of bankruptcy proceedings

501-159 Decree of discharge

Eminent Domain; Recording

501-166 Eminent domain; recording procedure

501-167 New certificate upon reverter of land

Descent and Devise

501-171 Registration upon transfer by descent and devise

501-172 License to sell or mortgage, not affected

501-173 Purchaser acquiring title through personal

representative may have the same registered

501-174 Power of attorney; registration necessary

Lost Duplicate Certificates

501-181 Repealed

Adverse Claims after Original Registration

501-186 Registration of adverse claims; notice; hearing;

costs

Compelling Surrender of Duplicate Certificate

501-191 Repealed

Amendment and Alteration of Certificate of Title

501-196 Alterations upon registration book prohibited

when; court hearings; limitations

Service of Notice after Registration

501-201 Service of notice after registration; how made;

effect

Fees and Actions for Recovery of Loss

501-211 Fees required for protection against loss or damage

501-212 Actions for compensation for fraud, mistake, etc.

501-213 Action, parties defendant

501-214 Judgments, how satisfied

501-215 Subrogation in favor of State

501-216 State, not liable when

501-217 Limitation of actions

501-218 Schedule of fees; authority to amend

501-219 Sale of land court maps

Penalty

501-221 Repealed

Miscellaneous Provisions

501-231 Family child care homes; permitted use in residential

Areas

501-232 Prohibition of transfer fees

Leasehold Time Share Interests

501-241 Leasehold time share interests

501-242 Status of leasehold time share interest as real

property

501-243 Dual recording involving leasehold time share

interests

501-244 Assignment of leasehold time share interest

501-245 Reference to recorded instruments pertaining to

leasehold time share interests

501-246 Legal incidents of a leasehold time share interest

501-247 Voluntary dealing with a leasehold time share interest

501-248 Jurisdiction for matters pertaining to leasehold time

share interests

Part II. Deregistration

501-261 Deregistration of fee time share interests

501-261.5 Deregistration of registered land other than

fee time share interests

501-262 Effect of deregistration

501-263 Effect of deregistration in specific cases

501-264 Chain of title of deregistered land

501-265 Status of fee time share interest and other

interest in deregistered land as real property

501-266 Dual recording involving deregistered land

501-267 Reference to prior recorded instrument

501-268 Legal incidents of deregistered land

501-269 Jurisdiction for matters pertaining to

deregistered land

Note

The $5 recording fee for deregistered land transactions is repealed on adoption of administrative rules. L 2009, c 120, §§16, 21.

Cross References

Nonconsensual common law liens, see chapter 507D.

Rules of Court

See Rules of the Land Court; applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(1), (d), (f), (g), (h).

Law Journals and Reviews

Constructive Trust: An Equitable Doctrine for Protecting and Establishing Legal Interests in Real Property. II HBJ No. 13, at pg. 121.

Case Notes

Act 73, L 2003, by declaring accreted land to be “public land” and prohibiting littoral owners from registering existing accretion under this chapter and/or quieting title under chapter 669, permanently divested a littoral owner of his or her ownership rights to any existing accretions to oceanfront property that were unregistered or unrecorded as of the effective date of Act 73 or for which no application for registration or petition to quiet title was pending; thus, Act 73 effectuated a permanent taking of such accreted lands without just compensation in violation of article I, §20 of the Hawaii constitution. 122 H. 34 (App.), 222 P.3d 441 (2009).

Act 73, L 2003, by declaring accreted land to be “public land” and prohibiting littoral owners from registering future accretion under this chapter and/or quieting title under chapter 669, did not effectuate a taking of future accreted lands without just compensation in violation of article I, §20 of the Hawaii constitution where plaintiffs had no vested right to future accretions to their oceanfront land that may never materialize. 122 H. 34 (App.), 222 P.3d 441 (2009).

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