Hawaii Revised Statutes 508D-4.5 – Release or waiver of construction defect
Terms Used In Hawaii Revised Statutes 508D-4.5
- Disclosure statement: means a written statement prepared by the seller, or at the seller's direction, that purports to fully and accurately disclose all material facts relating to the residential real property being offered for sale that:
(1) Are within the knowledge or control of the seller;
(2) Can be observed from visible, accessible areas; or
(3) Are required to be disclosed under sections 508D-4. See Hawaii Revised Statutes 508D-1
- Material fact: means any fact, defect, or condition, past or present, that would be expected to measurably affect the value to a reasonable person of the residential real property being offered for sale. See Hawaii Revised Statutes 508D-1
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Residential real property: means fee simple or leasehold real property on which currently is situated:
(1) From one to four dwelling units; or
(2) A residential condominium or cooperative apartment, the primary use of which is occupancy as a residence. See Hawaii Revised Statutes 508D-1
Any release from or waiver of liability, or release from a warranty by a seller to any government agency, contractor as defined in § 444-1, or engineer, architect, land surveyor, or landscape architect licensed to practice that profession under chapter 464, for any defect, mistake, or omission in the design or construction of any residential real property that measurably affects the value of the residential real property is a material fact that shall be contained in a disclosure statement.