Real Estate Law in Honolulu, HI
What Is Real Estate Law?
Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home. Whether or not you are a property owner or tenant, you have rights under Honolulu, Hawaii real estate law. Developers, property managers, and investors can also face property issues. Common reasons for this include property rights, access, liabilities, and more. These matters are complicated, so the best first step is to seek the counsel of a qualified Honolulu real estate attorney.
Types of Real Estate Law Disputes
Disputes involving real estate are very common and some of them are quite complex. They often require the intervention of the courts. The courts are seen as the most biased party to weigh in fairly. Learn more about the different types of real estate disputes below.
Escrow Deposit
If you decide to purchase any Honolulu property, there are certain steps all involved parties must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.
Easement Real Estate Dispute
Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Honolulu, HI property deeds. Regardless of the reason for the dispute, the resolution often involves hiring an experienced real estate law attorney. Still, one step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
Fraud/Omissions
Some unscrupulous sellers try to take advantage of buyers by withholding information. Ultimately, they may do this to impact the outcome of the transactions and future ownership. Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with an experienced Honolulu real estate lawyer to straighten things out.
Under Hawaii statute, Honolulu sellers must tell the buyer about certain property conditions before the sale. Mandatory disclosures include known physical defects, as well as legal issues, such as easements. Buyers who believe the seller did not disclose a known defect may be able to rescind the contract. In addition, non-compliant sellers can face civil liability for fraud or breach of contract. Furthermore, there could even be criminal fraud charges in some cases.
Contract Breaches
In , , no real estate transaction is legally enforceable without a proper contract. However, not all contracts meet the necessary legal requirements. The specific elements required to create a valid real estate agreement can vary by state.
Contracts that lack essential details, contain ambiguous language or fail to clearly outline responsibilities often lead to disputes between buyers and sellers when breaches occur. Since real estate contracts are legally binding, it is crucial to ensure the agreement is valid and mutually beneficial before proceeding with any transaction in .
Landlord/Tenant
Disputes often arise when Hawaii landlords and tenants cannot agree on repairs, rent arrears, and more. Honolulu, HI tenant and landlord laws are very complex, and failure to adhere to them can cause either party to violate the rights of the other. Not only is a valid rental agreement crucial, but so is having good legal counsel.
Rental property disputes in Honolulu are governed by Hawaii’s Residential Landlord-Tenant Code. These laws cover areas such as security deposits, allowable lease provisions, and termination rules. In addition, the statutes require Honolulu landlords to give notice before they can enter the property, raise the rent, or file for eviction. Both state law and the Honolulu Housing Code set habitability standards for residential properties in Honolulu. In most cases, it is the landlord’s responsibility to keep the property up to code.
Boundary Lines
Property line disagreements usually occur when adjoining Honolulu, HI property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some Hawaii property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.
Ownership
Ownership issues are common when an owner verbally transfers ownership without documentation. These disputes often happen when someone bequeaths their real estate to another without going through the proper process. Or, there can be other parties with ownership rights, such as certain lien holders.
Determining the rightful owner of a property in Honolulu is not always easy. Many factors and issues can arise when disagreements over real estate exist.
Liens
Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be cleared before securing a mortgage or financing.
If you do not pay a court-ordered judgment, Hawaii law allows the creditor to obtain a lien on your Honolulu property. The creditor can attach the lien by recording the judgment with the Hawaii Bureau of Conveyances. Under Hawaii legislation, the lien is valid for 10 years. However, the creditor can request one extension, bringing the total duration to 20 years.
What Should You Do If You Become Involved in a Real Estate Dispute In Honolulu, Hawaii?
If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, you may want to speak with a qualified Honolulu real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Honolulu real estate law is quite complex. You need to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.
Work With an Experienced Real Estate Attorney In Honolulu, Hawaii
Real estate disputes make up the majority of litigation cases. Not all issues require you to go to trial. You should work with an experienced Honolulu lawyer who has the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.
Get the legal help you need now. We help Hawaii landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Hawaii state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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