Hawaii 2024 Regular Session

Hawaii Senate Bill SB395

Introduced
1/20/23  
Refer
1/25/23  
Introduced
1/20/23  
Report Pass
3/2/23  
Refer
1/25/23  
Engrossed
3/7/23  
Report Pass
3/2/23  
Refer
3/9/23  
Engrossed
3/7/23  
Report Pass
3/21/23  
Refer
3/9/23  
Report Pass
3/21/23  

Caption

Relating To Real Property Transactions.

Impact

The proposed changes would amend Chapter 508D of the Hawaii Revised Statutes, which governs disclosure statements in residential real property transactions. By incorporating the issue of mail delivery into the list of material facts that must be disclosed, the bill would obligate sellers to be more forthcoming about restrictions related to postal service delivery. This change could lead to greater consumer awareness and could potentially influence the market dynamics for properties where mail delivery is problematic.

Summary

Senate Bill 395 focuses on enhancing transparency in residential real property transactions in Hawaii. Specifically, it mandates that sellers disclose the inability of the United States Postal Service to deliver mail or packages to the property being sold. This requirement is framed within the larger context of ensuring that potential buyers are aware of any material facts that may affect their decision to purchase a property. By doing so, the bill aims to protect consumers and maintain the integrity of real estate transactions in the state.

Sentiment

Overall, the sentiment surrounding SB 395 appears to be generally positive, reflecting a commitment to consumer protection and ethical real estate practices. Lawmakers and stakeholders recognize the importance of transparency in real property transactions, particularly given the potential complications that can arise from undelivered mail. However, some skepticism may exist regarding the effectiveness of this disclosure in practice, as well as concerns about additional burdens placed on sellers.

Contention

While support for the bill stems from a desire to improve disclosure and consumer rights, there could be contention around the practicalities of implementing such disclosure requirements. Critics may argue that mandating disclosure about postal service issues could overly complicate real estate transactions or create unnecessary alarm among potential buyers. Ultimately, the key tension lies in balancing the need for thoroughness in disclosures with the practical realities of property sales.

Companion Bills

HI SB395

Carry Over Relating To Real Property Transactions.

Similar Bills

CA AB2229

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CA SB1026

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CA AB2436

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CA SB508

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CA AB2402

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CA AB1875

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CA AB968

Single-family residential property: disclosures.

IL HB3300

PROP DISCLOSE-ADDS/ALTERS