HI Real Estate key terms
HI Real Estate · Get comfortable with the vocabulary.
- Hawaii Real Estate Commission
- Related: Real Estate Branch, HRS Chapter 467
A state board within Hawaii's Department of Commerce and Consumer Affairs that licenses real estate brokers and salespersons, adopts administrative rules, and investigates complaints and disciplines licensees.
- Real Estate Branch
- Related: Hawaii Real Estate Commission
The administrative office of Hawaii's Professional and Vocational Licensing Division that processes real estate license applications, renewals, and complaints for the Real Estate Commission.
- HRS Chapter 467
- Related: Hawaii Administrative Rules Chapter 99, Hawaii Real Estate Commission
Hawaii's statutory chapter governing real estate brokers and salespersons, including licensing requirements, commission authority, prohibited conduct, and disciplinary procedures.
- Hawaii Administrative Rules Chapter 99
- Related: HRS Chapter 467
The rules adopted by the Hawaii Real Estate Commission to implement Chapter 467, covering licensing, education, office supervision, advertising, and professional conduct.
- Principal broker
- Related: Real estate salesperson, Hawaii Real Estate Commission
A licensed broker who supervises a real estate office and its salespersons, and who is legally responsible for the office's brokerage activities and compliance with Hawaii law.
- Real estate salesperson
- Related: Principal broker
A licensee who performs brokerage activities under the supervision of a principal broker and may not independently operate a real estate brokerage business in Hawaii.
- Continuing education
- Related: Hawaii Real Estate Commission
Required coursework Hawaii licensees complete during each renewal cycle to maintain their licenses and stay current on law, rules, and practice.
- Fiduciary duty
- Related: Agency, Dual agency
A legal obligation of loyalty, obedience, disclosure, confidentiality, accounting, and reasonable care that an agent owes to a principal in the agency relationship.
- Agency
- Related: Fiduciary duty, Buyer-broker agreement
A relationship in which one person, the agent, is authorized to act for another, the principal, and owes the principal fiduciary duties under Hawaii law.
- Dual agency
- Related: Agency, Fiduciary duty
A situation where one brokerage represents both buyer and seller in the same transaction, requiring written consent and careful disclosure because the firm cannot fully advocate for either side.
- Listing agreement
- Related: Exclusive right to sell, Procuring cause
A written employment contract between a seller and a broker that authorizes the broker to market the property and sets the terms of compensation and agency.
- Exclusive right to sell
- Related: Listing agreement, Procuring cause
A listing arrangement in which the broker earns a commission no matter who procures the buyer during the listing period, including the seller.
- Buyer-broker agreement
- Related: Agency, Dual agency
A written contract in which a buyer engages a broker to represent the buyer's interests, defining the scope of service, term, and compensation.
- Procuring cause
- Related: Listing agreement, Exclusive right to sell
The broker's efforts that began or caused a continuous chain of events leading to a completed transaction, often used to decide who earns a commission.
- Earnest money
- Related: Escrow, Contingency
A buyer's deposit showing good faith and intent to complete a purchase, typically held in escrow and applied to the purchase price or forfeited under contract terms.
- Contingency
- Related: Earnest money, Escrow
A contract condition that must be satisfied or waived before a sale becomes final, such as financing, inspection, or appraisal approval.
- Material fact
- Related: Seller's real property disclosure statement, Fiduciary duty
Important information that could influence a reasonable buyer's or seller's decision, which a licensee must disclose and may not conceal.
- Fee simple
- Related: Leasehold
The most complete ownership interest in real property, giving the owner indefinite rights to use, sell, lease, and pass the property to heirs, subject to government powers.
- Leasehold
- Related: Fee simple
An ownership interest in which a person holds a long-term lease to use and occupy land or a building, usually paying lease rent to the fee owner.
- Kuleana
- Related: Land Court, Hawaiian Home Lands
A Native Hawaiian land claim or parcel, often a small taro or house lot, recognized from historic land divisions and subject to unique title and access issues.
- Hawaiian Home Lands
- Related: Kuleana
Trust lands held by the Department of Hawaiian Home Lands for eligible Native Hawaiians under the Hawaiian Homes Commission Act, generally with restricted transferability.
- Land Court
- Related: Regular System, Bureau of Conveyances
Hawaii's court-administered Torrens system that registers land titles, resolves ownership claims, and issues certificates of title, providing state-guaranteed ownership records.
- Regular System
- Related: Land Court, Bureau of Conveyances
Hawaii's recording system at the Bureau of Conveyances where deeds and other documents are recorded to give public notice of interests in land.
- Bureau of Conveyances
- Related: Regular System, Land Court
The state office that records real property documents and maintains land title records for both the Regular System and Land Court.
- Easement
- Related: Encumbrance
A right to use another person's land for a specific purpose, such as access, utilities, or drainage, without owning the underlying property.
- Encumbrance
- Related: Easement, Mortgage
Any right, lien, or interest that burdens real property and may affect its use or transferability, such as mortgages, easements, or restrictions.
- Mortgage
- Related: Promissory note, Loan-to-value ratio
A written security instrument in which real property is pledged as collateral for a loan, allowing the lender to foreclose if the borrower defaults.
- Promissory note
- Related: Mortgage
A written promise by a borrower to repay a specified sum under stated terms, including interest, payment schedule, and maturity date.
- Escrow
- Related: Earnest money, Title insurance
A neutral process in which a third party holds funds and documents until all closing conditions are met and the transaction can be completed.
- Title insurance
- Related: Escrow, Bureau of Conveyances
A policy protecting a buyer or lender against losses from title defects or claims that existed before the policy date and were not excluded.
- Sales comparison approach
- Related: Loan-to-value ratio
A valuation method that estimates market value by comparing the subject property with recently sold similar properties and adjusting for differences.
- Loan-to-value ratio
- Related: Mortgage
The loan amount divided by the property's appraised value or purchase price, used by lenders to measure borrowing risk.
- Conveyance tax
- Related: Escrow
A Hawaii tax imposed on the transfer of real property, usually paid by the seller, based on the property's sales price and the applicable rate.
- General excise tax
- Related: Conveyance tax
A Hawaii tax on business gross income, including real estate commissions and some rent, generally passed on to the customer.
- Condominium Property Regime
- Related: Association of Apartment Owners, Limited common element
A Hawaii form of ownership created by recording a declaration, in which individual units are owned separately and common elements are owned jointly by unit owners.
- Association of Apartment Owners
- Related: Condominium Property Regime, Reserve fund
The Hawaii condominium owners' association, made up of all unit owners, that manages common elements and enforces the declaration and bylaws.
- Limited common element
- Related: Condominium Property Regime, Association of Apartment Owners
A condominium common element reserved for the use of one or more but fewer than all units, such as a lanai, parking stall, or storage locker.
- Reserve fund
- Related: Special assessment, Association of Apartment Owners
Money a condominium association sets aside for future major repairs and replacements, usually funded through regular assessments and studied periodically.
- Special assessment
- Related: Reserve fund
An extra charge to condominium owners beyond regular maintenance fees to cover unexpected or large expenses, often approved by the board or owners.
- Seller's real property disclosure statement
- Related: Material fact
A Hawaii-required written disclosure in which a residential seller reports known defects and material information about the property to a prospective buyer.