Updated on October 26th, 2022
A Hawaii deed is used to transfer real estate from a grantor to a grantee once recorded with the Hawaii Bureau of Conveyances. In most cases, the transaction will be between a seller and a buyer and include the purchase price and a legal description of the property. The deed is separate from the purchase agreement that relays the terms of the real estate purchase, and its primary purpose is to officially record that the property has changed hands.
The 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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