Updated on January 20th, 2023
A Hawaii general warranty deed is a real estate document that transfers ownership of a property title to a buyer while protecting their purchase with covenants and warranties from the seller. These warranties and covenants state that the grantor (the seller) actually owns the property, that there are no title issues, and that they’ll defend the grantee should any unexpected defects arise after deed execution. This type of deed is the most common in residential real estate sales, as it provides the buyer with the most protection possible. The grantor will have to complete it in its entirety and sign it before a notary public so it can be recorded.
- 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.
- Conveyance Tax Certificate (Form P-64A): Must accompany every recorded deed unless exempt via §§ 247-3(1- 17).
- Conveyance Tax Exemption (Form P-64B): Should be filed if exempt under §§ 247-3(1- 17).
- Department of Taxation Instructions for Form P-64A & Form P-64B
- Residential Property Disclosure Statement (§ 508D-5): This document must be provided by the seller of a property to the purchaser describing important details about the property’s condition.