Hawaii Residential Purchase Contract

This Hawaii Residential Purchase Contract (this "Agreement") is entered into as of [[Effective Date]] by and between:

Seller: [[Seller Full Legal Name(s)]] ("Seller"), whose address for notices is [[Seller Notice Address]]

Buyer: [[Buyer Full Legal Name(s)]] ("Buyer"), whose address for notices is [[Buyer Notice Address]]

Seller agrees to sell and Buyer agrees to purchase the Property described below upon the terms and conditions set forth in this Agreement. This form is modeled on the Hawaii Association of REALTORS (HAR) standard purchase contract forms as commonly used in the State of Hawaii.

1. Property

The real property that is the subject of this Agreement is located at:

[[Street Address, Unit/Apt if applicable]]

[[City]], Hawaii [[ZIP Code]]

TMK (Tax Map Key): [[TMK]]

Legal Description: [[Full Legal Description or "See attached Exhibit A or current deed"]]

County of [[Honolulu / Hawaii / Maui / Kauai]]

The Property includes the land, all buildings and improvements thereon, all fixtures and appurtenances, and the following items of personal property: [[List included personal property or "standard fixtures only"]].

Excluded items: [[List excluded items or "None"]].

2. Purchase Price

The total purchase price is [[Purchase Price in Words]] Dollars ($[[Purchase Price, Numerals]]) (the "Purchase Price"), payable as follows:

3. Earnest Money and Escrow

Buyer shall deposit the Initial Earnest Money with [[Escrow Company Name]] ("Escrow"), located at [[Escrow Address]], within [[Number]] business days after the Effective Date. Escrow is mandatory for residential transactions in Hawaii practice. All funds shall be held in a federally insured escrow account. Earnest Money shall be applied to the Purchase Price at Closing unless otherwise provided.

Any additional deposits required by contingencies shall be deposited with Escrow on the schedule stated.

4. Financing

This Agreement is contingent upon Buyer obtaining a commitment for a first mortgage loan in the amount of $[[Loan Amount]] or [[Percent]]% of Purchase Price on terms acceptable to Buyer within [[Financing Contingency Period, e.g., 30 days]] after the Effective Date ("Financing Contingency Period").

Buyer shall make good-faith application promptly. If Buyer is unable to obtain financing after diligent effort, Buyer may terminate and receive return of Earnest Money. If this box is checked, this is an all-cash purchase: [[All Cash, no financing contingency]].

Pre-approval letter attached or to be provided by: [[Date]].

5. Appraisal

This Agreement is contingent upon the Property appraising at or above the Purchase Price. If appraisal is lower, Buyer may terminate, renegotiate, or proceed with additional cash within [[Appraisal Contingency Days]] days after receipt of appraisal.

6. Inspection and Due Diligence Contingency

Buyer shall have [[Inspection Period, e.g., 10 or 17 calendar days]] after the Effective Date (the "Inspection Period") to conduct inspections, tests, and investigations at Buyer's expense, including but not limited to:

• General home inspection

• Wood-destroying insect (termite/WDI) inspection

• Roof, plumbing, electrical, and structural evaluations

• Septic/cesspool inspection (if applicable)

• Mold, radon, or environmental testing

• Survey or boundary verification

• Condominium document review (if applicable)

• Title review (see Section 8)

Seller shall provide reasonable access. Buyer shall deliver written notice of any objections or termination within the Inspection Period. Failure to terminate within the period constitutes waiver of this contingency.

7. Title and Survey

Seller shall deliver marketable title free and clear of all liens and encumbrances except standard permitted exceptions (current taxes, easements of record not materially affecting use, HOA/AOAO covenants, and any other items approved by Buyer).

Escrow shall order a title commitment. Buyer shall have [[Title Review Period, e.g., 10 days after receipt]] to review and object to exceptions.

Seller shall provide a current survey if reasonably available or upon request within the inspection period. Any new survey shall be at [[Buyer / Seller]] expense.

8. Closing and Possession

Closing shall occur on or before [[Closing Date]] ("Closing"), or such earlier or later date as agreed in writing. Closing shall be conducted through Escrow.

Possession shall be delivered to Buyer at Closing unless otherwise agreed in a separate possession agreement.

At Closing, Seller shall execute and deliver a Warranty Deed (or Special Warranty Deed or other form acceptable in Hawaii) conveying marketable title.

9. Closing Costs and Prorations

Closing costs shall be allocated as customary in Hawaii and as provided in the HAR form or agreed:

• Seller typically pays: conveyance tax, Seller's title insurance premium portion, recording of deed, prorated real property taxes to date of Closing, commission, and any required HARPTA/FIRPTA withholding.

• Buyer typically pays: Buyer's title insurance, escrow fees split or per agreement, loan fees, recording of mortgage, prorated HOA fees, and prepaid items.

Real property taxes, HOA/AOAO fees, rents, and utilities shall be prorated as of the Closing date on a 365-day basis.

10. HARPTA and FIRPTA Withholding (HRS §235-68)

HARPTA (Hawaii Real Property Tax Act): If Seller is a non-resident of the State of Hawaii, Buyer (through Escrow) is required to withhold and remit to the Hawaii Department of Taxation 7.25% of the amount realized on the disposition of the Hawaii real property interest (generally the sales price or other amount realized), unless Seller provides a valid exemption certificate or waiver not later than two (2) business days prior to Closing. Escrow is authorized to withhold and pay over the required amount if no timely exemption/waiver is provided.

FIRPTA (Foreign Investment in Real Property Tax Act): If Seller is a "foreign person" under IRC §1445, additional federal withholding (typically 15% or as applicable) applies and shall be handled by Escrow unless exemption documentation is timely provided.

Seller represents that Seller [[is / is not]] a Hawaii resident. Seller shall complete and deliver HARPTA and FIRPTA affidavits or exemption forms to Escrow and Buyer as required.

11. Disclosures and Documents

Seller has delivered or will deliver prior to or with acceptance (or within required time):

• Completed Hawaii Seller's Real Property Disclosure Statement (SRPDS) per HRS Chapter 508D, signed within required window.

• Lead-based paint disclosure and pamphlet (if pre-1978).

• Condominium resale certificate / project documents (if applicable).

• Any other required disclosures (natural hazards, flood, etc.).

Buyer acknowledges receipt of the SRPDS and has the 15-day examination and rescission rights provided by HRS §508D-5.

12. Representations and Warranties of Seller

Seller represents and warrants that:

• Seller has the legal right and authority to sell the Property.

• There are no known material latent defects or adverse material facts that have not been disclosed in the SRPDS or this Agreement.

• Seller is not aware of any pending or threatened condemnation, rezoning, or government action affecting the Property except as disclosed.

• All known leases, licenses, or occupancy rights have been disclosed; at Closing the Property will be vacant or subject only to disclosed tenancies.

• Seller has not received notice of any code violations or orders to repair except as disclosed.

13. Default and Remedies

If Buyer defaults after removal of contingencies, Seller may terminate and retain the Earnest Money as liquidated damages (not a penalty), or pursue other remedies.

If Seller defaults, Buyer may terminate and receive return of Earnest Money plus reimbursement of reasonable out-of-pocket costs, or seek specific performance or other remedies available at law or equity.

14. Risk of Loss

Risk of loss or damage to the Property by fire or other casualty remains with Seller until Closing. If the Property is materially damaged before Closing, Buyer may terminate and receive refund of Earnest Money, or proceed with an abatement of price or assignment of insurance proceeds, at Buyer's election.

15. Condominium / Planned Community (if applicable)

If the Property is a condominium or in a planned community:

• This Agreement is contingent upon Buyer's review and approval of the project documents, budget, reserve study, meeting minutes, and any special assessments within the Inspection Period.

• Seller shall provide the current resale certificate and governing documents within [[X days]] of request.

16. Additional Contingencies (if any)

• Sale of Buyer's current home: [[Yes, details / No]]

• Other: [[Describe any additional contingencies or N/A]]

17. Notices

All notices under this Agreement shall be in writing and delivered by personal delivery, certified mail, overnight courier, or email (with read receipt) to the addresses above or to Escrow. Notice is effective upon receipt or, if mailed, three days after mailing.

18. Entire Agreement; Amendments; Counterparts

This Agreement, including all exhibits and addenda, constitutes the entire agreement. It supersedes all prior negotiations and representations. Amendments must be in writing and signed. This Agreement may be executed in counterparts, including electronic signatures under Hawaii Uniform Electronic Transactions Act (HRS Chapter 489E).

19. Governing Law and Venue

This Agreement shall be governed by the laws of the State of Hawaii. Any dispute shall be resolved in the courts of the State of Hawaii, [[First / Second / Third / Fifth]] Circuit, as applicable to the location of the Property.

20. Time of Essence; Calculation of Time

Time is of the essence. Deadlines expressed in "business days" exclude Saturdays, Sundays, and Hawaii state holidays. Deadlines expressed in "calendar days" include all days.

21. Attorney Fees

In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs as permitted by Hawaii law.

22. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force.

23. Assignment

Buyer may not assign this Agreement without Seller's prior written consent.

24. Brokerage

Seller and Buyer represent that they have dealt only with the brokers named in the separate brokerage agreement or addendum. Commissions are as agreed in separate writing and are not part of the Purchase Price unless otherwise stated.

25. Exhibits

The following exhibits are attached and incorporated:

• Exhibit A: Legal Description (if not in body)

• Exhibit B: Personal Property List (if extensive)

• Exhibit C: Lead-Based Paint Disclosure (if applicable)

• Other: [[List]]

26. Signature Block

Seller:

_______________________________________________ Date: [[Date]]

[[Seller Full Legal Name(s)]]

Buyer:

_______________________________________________ Date: [[Date]]

[[Buyer Full Legal Name(s)]]

Acknowledgment of Receipt of Earnest Money (Escrow):

Escrow acknowledges receipt of $[[Amount]] earnest money on [[Date]].

_______________________________________________

Escrow Officer / Company, -

Sources and Verification (as of June 2026)

• Hawaii Association of REALTORS Standard Form Residential Purchase Contract (current versions).

• Hawaii Revised Statutes §235-68 (HARPTA withholding, 7.25% of amount realized for non-resident sellers).

• HRS Chapter 508D (Seller disclosure timing and buyer rescission rights).

• HRS Chapter 489E (Hawaii Uniform Electronic Transactions Act, e-signatures).

• IRC §1445 (FIRPTA).

• Standard Hawaii escrow practices and common contingencies (inspection, financing, appraisal, condo docs).

• 50 U.S.C. §§ 3901 et seq. (Servicemembers Civil Relief Act protections).

> ⚠️ Template, not professional (legal/financial/medical) advice. This is a template only. All figures, deadlines, and forms must be verified against current Hawaii law, the specific HAR purchase contract form in use, escrow instructions, and advice of a Hawaii-licensed real estate attorney or broker. [[Merge Fields]] indicate user-supplied values., -

End of Hawaii Residential Purchase Contract