§508D-5 - Delivery of disclosure statement to buyer; procedures. - Hawaii Statutes

     §508D-5  Delivery of disclosure statement to buyer; procedures.  (a)  No later than ten calendar days from acceptance of a real estate purchase contract, the seller, either directly or through the seller's agent, shall provide the disclosure statement to the buyer.

     (b)  Upon receipt of the disclosure statement, the buyer shall have fifteen calendar days to:

     (1)  Examine the disclosure statement; and

     (2)  Decide whether to rescind the real estate purchase contract.

     If the buyer decides to rescind the real estate purchase contract, the buyer shall deliver to the seller directly or through the seller's agent within the fifteen-day period written notification of the buyer's decision to rescind the real estate purchase contract.  Failure to deliver the written notification to the seller within the fifteen-day period shall be deemed an acceptance of the disclosure statement.  Any rescission made pursuant to this subsection shall be without loss of deposits to the buyer which deposits shall be immediately returned to the buyer.

     (c)  The seller and buyer may agree in writing to reduce or extend the time period provided for the delivery or examination and rescission period.  The form of the receipt for the disclosure statement required by section 508D-4(2) shall provide that the buyer shall have the right to examine the disclosure statement and to rescind the real estate purchase contract in accordance with this section. [L 1994, c 214, pt of §2; am L 1996, c 161, §5]