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Hawaii Contracts Questions & Answers
Q: Co-signer auto loan: borrower missed 14 payments, I'm paying. Legal options?
I am the co-signer on an auto loan, and the primary borrower has missed 14 payments. As a result, I am now responsible for making the car payments to avoid further financial consequences. What legal options or actions can I take given this situation?
Barry W. Kaufman
answered on Apr 30, 2025
answered on Apr 30, 2025
Legal action as far as who? You have no recourse against the lender. You may have a legal recourse against the other borrower if, as a general rule of contract law, you can prove there was an agreement between you two that the other borrower would be responsible for the payments and would hold you... View More 
Q: If a tenant who is related to the landlord doesn't have a lease/rental agreement but pays rent what rights do they have?
My sister lives in the main house on my mom's property and my mom lives in the cottage. She does not have a rental/lease agreement but does pay monthly rent which basically covers the mortgage. Recently there have been issues with one of my sister's friends who is there almost everyday... View More
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James L. Arrasmith
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answered on Mar 31, 2024
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answered on Mar 31, 2024
In this situation, even though your sister is a relative and doesn't have a formal lease agreement, she is still considered a tenant because she pays rent. As a landlord, your mother has the right to set reasonable rules and expectations for the use of her property.
Here are some steps... View More
Q: Negotiating a business and property buyout with partner in Hawaii.
I'm involved in a two-partner business, and we are working on negotiating an agreement for a business and property buyout. We operate under a standard operating agreement. We previously agreed to two offers, but they were withdrawn because the other party wanted more money. There are specific... View More
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James L. Arrasmith
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answered on Oct 20, 2025
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answered on Oct 20, 2025
Begin by anchoring the negotiation in your operating agreement and Hawaii law: confirm ownership of the real property (held by the entity or by you two personally), decision‑making authority, and any buy‑sell, deadlock, or appraisal provisions that already govern the process. Set a written... View More
Q: Am I liable for my husband's business debt in Hawaii?
I live in Hawaii and my husband started a business in his name and obtained business credit cards. He charged up the cards but is now unable to pay the debt. We have a joint bank account, and I have a separate personal account. Recently, a judgment was issued for garnishment of our joint account.... View More
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James L. Arrasmith
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answered on Oct 18, 2025
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answered on Oct 18, 2025
It’s understandable that you’re worried about being held responsible for your husband’s business debt, especially now that your joint account has been affected. In Hawaii, debts incurred during marriage are often considered **marital debts**, but whether you are personally liable depends on... View More
Q: Can I recover my deposit or address mortgage and appraisal discrepancies with my home purchase in Mililani?
I was in the process of purchasing a home in Mililani and had concerns about the financial aspects. I was under contract and was told I could cancel anytime and get my deposit back, except for inspection and appraisal fees. After discussing with the financial person, I was led to believe that with... View More
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James L. Arrasmith
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answered on Sep 25, 2025
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answered on Sep 25, 2025
You may have options to recover your deposit or address the discrepancies if the financial representations you received were inaccurate or if the property had undisclosed issues. Since you were told over the phone that you could cancel anytime and get your deposit back, that may create a basis to... View More
Q: How can we recover funds misused by a sibling in a shared property arrangement in Hawaii?
I have a situation where my sibling is appointed to handle funds meant for two houses shared among three siblings, including myself. This sibling took all the money earlier this year and closed our joint bank account without our knowledge, and is now hiding the legal paperwork related to this... View More
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James L. Arrasmith
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answered on Sep 8, 2025
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answered on Sep 8, 2025
The first step is to gather any documentation or evidence you have of the joint ownership and the funds that were supposed to be managed, including bank statements, emails, and any written agreements. This will help establish that your sibling had a fiduciary responsibility to manage the money for... View More
Q: Who do I file a report with for stolen property stored in a military member's storage unit?
If a military member stole my property and stored it in his storage unit, who do I file a police report with? I do not have access to the storage unit, but we had a verbal agreement that I could keep my belongings there if I paid half of the cost. I have proof of paying half of the storage... View More
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James L. Arrasmith
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answered on Jul 19, 2025
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answered on Jul 19, 2025
You should report this to the civilian police department that has jurisdiction over the storage facility’s location, since theft of your property is a criminal matter for local law enforcement.
When you call or visit the station, bring a copy of your receipt showing you paid half the... View More
Q: Do I have to repay gifts from an open relationship after allegations of infidelity?
I was in an open relationship where the agreement was that I could sleep with someone after my partner did. He is now upset and seeking legal counsel, demanding I pay back all the gifts he bought me, citing possible infidelity even though our relationship was open. There hasn't been a specific... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
In most cases, gifts given during a relationship are considered outright transfers of property and do not need to be repaid, regardless of changes in the relationship status or allegations of infidelity. Since you were in an open relationship with an agreement allowing both parties certain... View More
Q: Can I sue a mechanic for not completing vehicle repairs as agreed?
I entered into a contract with a mechanic for vehicle repairs and paid in full. However, they are now over two and a half months past the agreed deadline without providing any updates. They don't respond to phone calls, emails, or during work hours at their shop. Additionally, their website is... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
Yes, you can sue the mechanic for breach of contract. When you paid in full for repairs and the mechanic agreed to perform that work by a certain deadline, a legally binding agreement was formed. His failure to complete the work—or even communicate—after more than two and a half months is a... View More
Q: Am I entitled to financial benefits or responsibilities from a business partnership despite health-related communication issues and a disassociation letter?
I have been in a business partnership since May 2021, and we opened our business in October 2021. Due to health issues, I had to take a leave of absence in January 2025. During my leave, my partner and I communicated until April 2025, after which my ongoing medical issues prevented me from... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
Even without a written agreement, you still have rights as a business partner under the default rules of your state’s partnership laws. Your verbal partnership formed in May 2021 gives you an ownership interest in the business and an equitable right to any profits or losses earned while you were... View More
Q: Towing company refused to release the car, claiming I'm not the legal owner. What can I do to retrieve my belongings or the car?
I am in Honolulu, HI, and my car was towed. The car's registered owner is my girlfriend, who gave me permission to drive the car. However, the towing company refuses to release the vehicle to me or allow me to retrieve my personal property from the car, stating that only the legal owner can do... View More
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James L. Arrasmith
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answered on May 16, 2025
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answered on May 16, 2025
That sounds incredibly frustrating, especially when you're just trying to retrieve your own property. In Hawaii, towing companies are required to follow certain rules, but if you're not listed as the registered owner, they can be strict about releasing the vehicle or even letting you get... View More
Q: Can I repossess a car if I'm a co-signer and primary borrower defaulted?
I am a co-signer on a car loan where the primary borrower has defaulted on 14 payments. I am currently covering the payments for the car myself. I want to know if I can repossess the vehicle under these circumstances. The loan agreement terms regarding repossession rights are unclear, and I have... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
As a co-signer, you are legally responsible for the car loan if the primary borrower defaults, but repossessing the vehicle is a more complicated matter. Typically, repossession is carried out by the lender, not individual parties, and the loan agreement should outline who has the right to take... View More
Q: Legal issues with Warranty Deed and LLC ownership changes in Hawaii.
In 2001, after 21 years of marriage, the Defendant and I created a Warranty Deed, naming both of us as Grantors, with the Grantee being an LLC set up for our children and their heirs. Now, 23 years later, the Defendant claims the land, which was purchased with my inheritance, is his. He altered... View More
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James L. Arrasmith
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answered on May 14, 2025
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answered on May 14, 2025
You’re dealing with a complicated situation involving forged documents and unauthorized actions with the LLC and property ownership. Since the Defendant altered deeds and forged signatures to claim sole ownership and mismanaged the LLC, you’ll need to take legal steps to protect your rights and... View More
Q: Legal rights after disassociation letter from LLC partner due to health issues.
I was in a business partnership with a verbal agreement to open an LLC beauty salon and spa. We secured a $50,000 personal loan from a client for the salon. My business partner sent a disassociation statement in May 2025 due to my health issues, but I did not receive it until November last year... View More
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James L. Arrasmith
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answered on Apr 11, 2025
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answered on Apr 11, 2025
That’s a painful and complicated situation, especially when health concerns and communication delays are involved. In Hawaii, even without a formal written partnership agreement, a verbal agreement and shared actions—like securing a loan and working toward opening a business—can still create... View More
Q: Ensuring NCNDA, IMFPA, and SPA documents uphold intermediary rights in Kazakhstan transaction
I am an intermediary involved in an international transaction with a seller from Kazakhstan. I need to ensure that the NCNDA, IMFPA, and SPA documents are correct and uphold my rights to payment as an intermediary. The transaction is set to happen in a week. What steps should I take to verify the... View More
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James L. Arrasmith
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answered on Mar 15, 2025
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answered on Mar 15, 2025
First, carefully review the Non-Circumvention, Non-Disclosure Agreement (NCNDA), Irrevocable Master Fee Protection Agreement (IMFPA), and Sale and Purchase Agreement (SPA) to ensure your intermediary fees and rights are explicitly mentioned. Pay close attention to payment terms, timelines,... View More
Q: Can I work remotely from Hawaii for 4 months without employer notification and what are potential tax implications?
I currently work in New Jersey for a company that allows remote work, and I'm considering moving to Hawaii for four months. My HR mentioned they might be okay with a month of remote work from Hawaii, but I'm concerned about any tax implications of working there for the extended period. My... View More
Blake Goodman
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answered on Mar 3, 2025
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answered on Mar 3, 2025
You are only taxed if your income is sourced in Hawaii. If you're not performing services related to doing business in Hawaii, nor paid from Hawaii sourced company, I believe your income is not subject to Hawaii income tax. Aloha, and good luck
Q: CAN I JUST FIND A KIND OF COURT CASE , RATHER THAN GIVING PARTY NAME AND JUDGE? I NEED TO FIND CASE LAW ON A SUBJECT.
Tim Akpinar
answered on Oct 31, 2024
answered on Oct 31, 2024
A Hawaii attorney could advise best, but your question remains open for a week. It isn't fully clear what your setting is, whether you are a litigant in court, a student conducting legal research for educational purposes for a school assignment, or you're simply trying to resolve an... View More
Q: in Hawaii State code 444–22 during covid & losing a contractors license mid job due to no payment by plaintiff what laws
contractor lost license due to nonpayment by company with a contract with to do work but they kept adding additional work all information is in the correspondence on email including a promise of payment not for filled and the person who promised stopped working there questionably as i the... View More
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James L. Arrasmith
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answered on Sep 7, 2024
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answered on Sep 7, 2024
In your situation, several legal avenues could help you recover the unpaid amounts due to you, despite losing your contractor's license. Under Hawaii Revised Statutes (HRS) Chapter 444-22, a contractor may still have rights to collect payments for work completed before losing their license,... View More
Q: I have a contract (in English) from a surfboard company in Portugal. Is there anyone there familiar with Portugese law?
This contract seems fishy.
Tim Akpinar
answered on Feb 11, 2024
answered on Feb 11, 2024
A Hawaii attorney could advise best, but your question remains open for two weeks. You may need to go outside this forum for guidance on Portuguese law - this is basically limited to U.S. law. Good luck
Q: Can I get help to get out of a contract? I have had a horrible experience with a solar panel company.
Firstly, the person who sold me them lied about what my electric bill would be. Secondly, they installed the system backwards, that made my electric bill triple it took them a year and a half to figure this out. Lastly, where they put the solar panels, I had terrible mold on my ceiling. They told... View More
Jacob Rheaume
answered on Mar 18, 2023
answered on Mar 18, 2023
Hi Judy,
I'm terribly sorry this is happening to you. Without being able to review the contract, the advise that I (or anyone else) will be able to give you is limited.
That said, from what you say, I think you (most likely) have a very strong case arising under common law,... View More
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