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OpenDocumentA Hawaii special warranty deed conveys property from a seller to a buyer with assurances that the property is not burdened by any encumbrances caused by the seller (grantor). The warranties provided in this deed are limited to the grantor’s period of ownership; any claims against the title such as unpaid taxes, liens, or easements caused by other owners will be the responsibility of the grantee to clear. Therefore, buyers are recommended to perform a title search or purchase title insurance to protect themselves against third-party claims.
- Statutes:
- Formatting: §§ 502-31(e), § 502-33(b), § 501-105, Hawaii Land Court Rule 58(3), Hawaii Land Court Rule 67
- Signing Requirements (§ 502-41): Notary Public
- Where to Record: Hawaii Bureau of Conveyances
- Recording Fees (Bureau of Conveyances “Recording Fees” ):
- Land Court: $36 up to fifty (50) pages, $101.00 for documents exceeding fifty (50) pages.
- Regular System: $41 up to fifty (50) pages, or $106.00 for documents fifty-one (51) pages or more.
- Forms:
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- Conveyance Tax Certificate (Form P-64A): Unless exempt per §§ 247-3(1- 17), this document must be filed with every recorded deed.
- Conveyance Tax Exemption (Form P-64B): If an exception applies (§§ 247-3(1- 17)), then this document should be filed with the deed.
- Department of Taxation Instructions for Form P-64A & Form P-64B
- Residential Property Disclosure Statement (§ 508D-5): This document details a real property’s condition and must be filled out by anyone wishing to sell their property and provide it to potential buyers.
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