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Hawaii Real Estate Law Questions & Answers
1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Hawaii on
Q: Stated in my lease, I can break without penalty if I find mold and I found black mold... how do I terminate

I also had requested a mold test which was denied and asked for mold remediation of the shower which took months. I’ve suffered now from sinus issues, allergies, esophagitis and had to pay to an ent out of pocket and am worried about all of the toxic spores we’ve now been exposed to. How do I... View More

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2019

In terms of the personal injury aspect of your question, you'll have to see if you could arrange a free initial consult with a Hawaii personal injury attorney who could review your records and what information is available on the mold. The problem with these types of cases is that establishing... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Hawaii on
Q: I inherited 50% of a property as tenant in common 6 years ago. I never lived there. Do I owe money to current occupant?

Sibling was executor of our mothers' estate and moved his family in immediately after she died. I never received a deed. I lived out of state with my husband at the time. There is no tenants agreement. Sibling unable to buy me out at that time. I did not ask for compensation for him and his... View More

Nina Whitehurst
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answered on Nov 5, 2019

If you did not sign the note for the current debt, then you are not personally liable on it. If you did not sign the mortgage that secures the current debt, then your share of the property is not liable for the current debt either.

If your sibling insists that you pay for half of the...
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2 Answers | Asked in Land Use & Zoning, Real Estate Law and Probate for Hawaii on
Q: my great great uncles deceased, owned some land on the north shore of Oahu. Where and how can I show documents.

I have information birth death marriage certificates to prove proper identity. Is it legal without documents for someone else to sell, own or divide land or even lease it without title.

Nina Whitehurst
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answered on Aug 24, 2019

Yes. As a matter of fact I have a bridge in New York City I would like to sell you.

On a more serious note, you need to find a Hawaii probate attorney to help you probate your uncle’s estate.

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Hawaii on
Q: How often can a landlord access a tenants home before it's considered abusing their rights to enter?

I've been living in the residence for 9 mo and the owner has decided to sell. I have 3 months left on my contract and the owner all ready has 3 private viewings and an open house planned this week. In addition, the real estate agent hired by the homeowner plans on having an open house every... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 8, 2019

Reading between the lines of this question it appears clear that you were told upfront that the owner was going to sell the house they rented to you--because your lease has a clause in it that specifically authorizes the owner to show the place to prospective buyers. Turning to the several... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Hawaii on
Q: Can an appeal be reversed and how many days do I have for a writ? Can the appeal be dismissed? Case be retried?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 20, 2019

You have stated no operative facts and asked four very different questions--all of which collectively might require a lawyer several hours to figure out and try to respond. No thanks.

1 Answer | Asked in Consumer Law, Real Estate Law and Tax Law for Hawaii on
Q: Can I legally charge a finders fee to help someone claim an escheat check?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 7, 2019

I would not try to do that unless you are a lawyer or otherwise have financial services credentials or debt collection credentials issued by Hawaii.

1 Answer | Asked in Family Law and Real Estate Law for Hawaii on
Q: Is it valid for parents to donate their only property ie house and lot to only 1 child excluding other children?

The parents have property in another country. It is the only property in their name and they donated it to 1 child excluded the others. Is this valid in Hawaii laws?

Robin R. Gregory
Robin R. Gregory
answered on Mar 14, 2019

If the real property is in another country, the real property is probably governed by the laws of that country. Owners of property can generally give or sell real property to anyone they want. If it is a case of a child using "undue influence" to "force" parents to give... View More

1 Answer | Asked in Land Use & Zoning, Patents (Intellectual Property) and Real Estate Law for Hawaii on
Q: I found a Land Patent or Land grant given to my 4th Great Grandpa in 1861 and its signed by Abraham Lincoln how can i cl

How can I claim it?

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 8, 2017

Although we now associate the word patent with the world of inventions as those with a patent given by a government can exclude others from making, using, selling, or offering to sell something covered by the patent rights -- the term patent was used more broadly in earlier times.

Letters...
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1 Answer | Asked in Consumer Law and Real Estate Law for Hawaii on
Q: What US law (in 21006 or 2007) gave timeshare resorts the right to let non-owners pay to use units ?

And, if you can give me the law, how can I get access to read it?

Michael Hales
Michael Hales
answered on Nov 29, 2017

This right is typically granted by the resort's bylaws and not through legislation. If a room is not being used, they will allow others to use it in an effort to avoid waste. Does that answer your question?

1 Answer | Asked in Real Estate Law for Hawaii on
Q: I purchased a condo 4years ago, but did not receive a disclosure form. I now discover that my ceiling is covered with

asbestos "popcorn" on the ceiling. What is the seller's obligation under hawaii law?

Gregory Andrews Cade
Gregory Andrews Cade
answered on Jul 14, 2017

Since the vast majority of houses built before the mid 1980s have asbestos somewhere in their structure, the seller is not required by law to priorly disclose the presence of this toxic agent. Another reason why asbestos disclosure was not deemed necessary by the State of Hawaii pertains to the... View More

1 Answer | Asked in Real Estate Law for Hawaii on
Q: I bought a condominium apartment 4 years ago and was not informed about the existance of asbestos in the ceiling.

what are seller's liability now that I recently discovered asbestos in the "popcorn" ceiling material?

Gregory Andrews Cade
Gregory Andrews Cade
answered on May 10, 2017

Sellers have to disclose material facts that they know or should know. Dependent on what it would likely cost to remove the asbestos you can investigate if the seller should have known about it and revealed it.

1 Answer | Asked in Real Estate Law, Civil Litigation, Patents (Intellectual Property) and Probate for Hawaii on
Q: what does sui juris mean

Hawaii court action to eject tresspassers now say theyhave a trust and interest Hawaiian land laws kuleana lands form served below district courtheading says (per organic act 1900 sec 75 a substitution of the Hawaiian Postal Savings Bank) ? state of Hawaii im plaintiff he is asking for... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 23, 2017

The answer to your specific question is Sui Juris means 'of age' and is usually referring to beneficiaries of a will or trust -- all of them are now 'of age' and can represent themselves, as opposed to a minor who would need someone to represent his interests. The REMAINDER of... View More

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Probate for Hawaii on
Q: My dad pass away 2 years ago in his house in Hawaii with my stepmother. The house is already paid off. They have a will

And my dad still have living siblings. Also I would like to open a case for my dad. Need your help.

Richard Samuel Price
Richard Samuel Price
answered on Jan 13, 2017

If your dad lived in Hawaii when he passed, then a probate action would be brought in Hawaii. You may want to repost your question under Hawaii.

1 Answer | Asked in Real Estate Law for Hawaii on
Q: If a property was jointly owned and one spouse dies, how does the remaining spouse get a reverse mortgage?

Does the executor of the will need to sign forms so the remaining spouse can get a reverse mortgage? Does this make the original will of the spouse that died first null? Does this mean that the heirs of the spouse that died first will not inherit after the property sale?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 27, 2015

It they owned the property as joint tenants with right of survivorship, the property passed to the surviving spouse by operation of law. So no,, the executor has no say in the matter. The will is not void, but the property doesn't pass by the will. And yes, the heirs named in the will get... View More

1 Answer | Asked in Real Estate Law for Hawaii on
Q: Dad passed away his mortgage company has filed a suit against me because their attorneys said it's my loan
J Porter deVries
J Porter deVries
answered on Jan 29, 2014

For the suit to be effective against you, you must be a party to the mortgage loan agreement in some capacity. Alternatively, the suit may apply to you as the executor of your father's estate, if you hold that position. I would need some more details in order to answer your question better.

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