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OpenDocumentThe level of legal protection provided to the grantee will vary depending on the deed type. For instance, a general warranty deed guarantees that there are no monetary claims on the property, while a quit claim deed provides no such assurances.
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Types (4)
General Warranty Deed – Includes a statement guaranteeing that there are no liens or encumbrances on the property from its current and previous owners.
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Quit Claim Deed – A deed that provides no assurance that the property being transferred is free of claims.
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Special Warranty Deed – Only provides the grantee with the promise that there are no claims on the property because of its current owner (the grantor).
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Transfer on Death Deed – Used to prepare the property transfer from an owner to a beneficiary while allowing the owner to retain ownership during their lifetime.
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Laws & Requirements
- 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): This form should be included with each deed unless exempt as described in §§ 247-3(1- 17); if exempt, the following document must be filed instead:
- Conveyance Tax Exemption (Form P-64B): Must be filed in lieu of Form P-64A should the property meet the exemptions in §§ 247-3(1- 17).
- Department of Taxation Instructions for Form P-64A & Form P-64B
- Residential Property Disclosure Statement (§ 508D-5): Once a purchase agreement has been signed, sellers of residential properties must provide this form to the buyer within ten (10) days, detailing the property’s condition.
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