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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
  • 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
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Why a Purchaser of Hawaii Real Estate May Want to Delete an Arbitration Paragraph

Arbitration has been touted to be faster, cheaper and more confidential than filing a lawsuit in Hawaii.  These are valid potential benefits and are a reason why it is becoming increasingly frequent to see arbitration provisions in agreements.  However, there may be offsetting reasons why a potential purchaser of Hawaii real estate may want to delete that paragraph in a purchase agreement.

First, the arbitration provision is only applicable to all the parties who sign the agreement.  Many times the claims a purchaser may have will be against non-signatories such as their real estate broker, their surveyor, etc.  Thus, the arbitration provision itself will not avoid the possibility that the purchaser will have to handle a dispute both in court and in an arbitration.

Second, a Hawaii court has the ability to order equitable remedies such as specific performance under a contract.  For example, the court may order the seller to sell to the purchaser at the agreed upon price.  It is not that clear that an arbitrator can do the same, especially if the purchase agreement does not specifically provide for specific performance.  Thus, an arbitration paragraph may hamper a purchaser’s ability to obtain specific performance.

Finally, once a lawsuit is filed a purchaser often times files a Notice of Pendency of Action in the Bureau of Conveyances in order to put third parties on notice that title to the property is in dispute.

However, the Hawaii Revised Statutes that discuss a Notice of Pendency of Action arguably require the filing of a court lawsuit before the recordation of a Notice of Pendency of Action.  Thus, in order to reduce the risk that the seller will convey the real estate during a dispute the purchaser needs to file the Notice of Pendency of Action, and that cannot be done in an arbitration.

As you can see there are many issues that need to be carefully evaluated when purchasing Hawaii real estate.

Contact us today and ensure that you are legally protected and in compliance with Hawaii law.

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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