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Natori Law Office LLLC

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1003 Bishop St • Pauahi Tower • Suite 1360 • Honolulu, HI 96813
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  • Home
  • Our Attorneys
    • Nathan Natori
    • Ryan Mukai
  • About Us
    • Your Initial Meeting
    • Clients
    • Testimonials
    • Fees
    • Outer Island
      • Big Island
      • Maui
      • Kauai
  • Practice Areas
    • Real Estate
      • Purchase & Sale of Hawaii Real Estate
      • Agreement of Sale
      • Commercial
      • Encroachment
      • Eviction
      • For Sale by Owner
      • Landlord / Tenant
      • Brokers & Realtors
      • Water Rights
      • Partition
    • Business
      • Forming A Business
      • Acquiring A Business
      • Corporate Governance
    • Financial Institutions
    • Construction
    • Debt Collection
    • Finance
    • Foreclosure
    • Franchise
    • Health Care
    • Land Use
    • Lobbying
    • Nonprofit
    • Public Utilities
    • Guardianship
    • Probate
  • News
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Understanding the “As Is” Addendum to the Hawaii Association of Realtor’s Standard Form Purchase Contract

For most Hawaii residential real estate purchases, the seller will want to sell the property “As Is” and not provide the buyer with any representations or warranties regarding the property.  The reason for this is that the buyer may have a claim for damages against the seller should the seller provide any warranties to the buyer that are false or inaccurate.

Therefore, in the event the Hawaii Association of Realtor’s Standard Form Purchase Contract is used, the “As Is” Addendum is normally completed by the seller and attached to the Hawaii Purchase Contract.  The “As Is” Addendum allows the seller to disclaim that he/she is making any warranties with respect to the property being sold.  Also, through the “As Is” Addendum the buyer acknowledges that he/she is buying the property in its then existing condition.

Although an “As Is” Addendum may be attached to the Hawaii Purchase Contract, the seller still has an obligation to disclose material facts to the buyer.  The buyer also has the right to inspect the property.  If the buyer is not satisfied with the inspection, the buyer has the ability to cancel the Hawaii Purchase Contract.

It should also be noted that the “As Is” Addendum does not necessarily provide the seller with absolute protection from all claims that the buyer may have regarding the property.  For example, fraud or misrepresentation of material facts by the seller may not be covered.

Therefore, by signing the “As Is” Addendum, seller should be aware that the buyer is surrendering some rights, but not all rights against the seller relating to the property.  Full disclosure followed by a disclaimer of warranty may be the most prudent course of action.

As you can see there are limits to the “As Is” Addendum and the many times the parties and their brokers do not understand these limits.

Contact us and we’ll help you review your Hawaii Purchase Contract so you understand your rights and risks.

More Articles on Hawaii Real Estate Law
  • Duties and Responsibilities of the Selling Agent Regarding the Hawaii Seller’s Real Property Disclosure Statement for Hawaii Residential Real Estate
  • Hawaii Agreement of Sale
  • Hawaii “For Sale by Owner”
  • Hawaii Commercial Lease Interest Rate and Usury
  • Hawaii Commercial Leases: Issues You Must Consider
  • Hawaii Contractors Disclosure Requirements to Hawaii Homeowners
  • Hawaii Land Court Petitions Explained
  • Hawaii Regular System and Land Court Recording System
  • Hiring a Hawaii General Contractor
  • Landlords Who Reside Outside of Hawaii Are Required to Have Hawaii Property Managers
  • Mandatory Seller Disclosures for Hawaii Residential Real Estate
  • Probate of Hawaii Real Estate Owned by Japanese Citizens
  • Should a Hawaii Purchase Contract (DROA) Be Used in Purchasing Hawaii Commercial Property?
  • Terminating Co-Ownership of Hawaii Real Estate Property
  • The Process of Claiming and Attaching a Mechanic’s or Materialman’s Lien in Hawaii
  • The Role of Hawaii Attorneys in Purchasing Hawaii Residential Real Estate
  • The Security Deposit Under Hawaii’s Residential Landlord-Tenant Code
  • Understanding the “As Is” Addendum to the Hawaii Association of Realtor’s Standard Form Purchase Contract
  • Using a Letter of Intent in a Hawaii Real Estate Sale or Purchase
  • What Is the Hawaii Dual Agency Disclosure Form?
  • Why a Landlord Must Tailor the Standard Hawaii Rental Agreement
  • Why a Purchaser of Hawaii Real Estate May Want to Delete an Arbitration Paragraph
  • Why Hawaii Commercial Leases for Exactly a Five Year Term Should Be Avoided
  • Why Your Surveying Paragraph in a Hawaii Purchase Contract May be Inadequate When Purchasing Hawaii Residential Real Estate

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Nathan is thorough, detailed, and knowledgeable.

Natori Law Office LLLC
1003 Bishop St
Pauahi Tower, Ste 1360
Honolulu, HI 96813

Ph: (808) 275-0155

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