The following FAQ’s are some of the questions frequently asked in some, but not all of the areas the author(s) of this content are familiar with. The questions and answers are not intended to be exhaustive and do not constitute legal or tax advice in any such manner. Content is subject to occasional amendments without notice.
It does not create an agent-client relationship for your particular question, issue, or concern. The questions and answers do not create any agent-client relationship or duty to assist you.
The information is intended to be helpful and to get you thinking in a more sophisticated manner pertaining to the buying or selling real estate. Moreover, you are encouraged to contact Penn to dialog further on your issues pertaining to matters of real estate.
Akamai Home Inspection
(808) 329-5484 | Email
Kina’ole Home Inspection Services
(808) 769-0095 | Email
Kona Home Inspections
(808) 769-0545
Leyva Property Inspections
(808) 464-7900 | Email
Pacific Inspection Group
(808) 344-0974
Top Notch Home Inspections
(808) 796-1077 | Email
Weinmann Home Inspections
(808) 640-1906 | Email
Woodbury Inspection Group
(808) 322-5174 | Email
Bowman Termite & Pest Management
(808) 329-3215 | Email
Hitman Exterminators
(808) 329-9505
Veteran Termite and Pest Control
(808) 327-3313 | Email
Akamai Pest Solutions
(808) 937-5051 | Email
Aloha Pest Solutions
(808) 964-3100
Mason Termite & Pest Control
(808) 557-3333 | Email
Hawaii Fumigation
(808) 326-7117 | Email
Kona Coast Pest Control
(808) 334-1900 | Email
Smart Pest Prevention
(808) 887-6278
Terminix
(808) 484-4738
Yes. There is a satellite quarantine station located on the east side of Hawaii Island in Keaau (Near Hilo), about a 2-hr drive from Kona. It is a privately run business with excellent facilities for your pets. Both of Penn’s Dogs were quarantined here in 2001 for 30-days. The 4-lbs ‘Tiki’ lost prior to travel was quickly regained (and then some) after discovering avocados from the tree located in the quarantine courtyard!
*You must make arrangements with them directly, well ahead of time.
Bar-King Dog Kennel
P.O. Box 1184
Keaau, HI 96749
Phone: (808) 966-8733
If your pet is being quarantined at a satellite kennel, your pet must first go to the Animal Quarantine Station on Oahu for positive identification and examination. Pets usually stay in Honolulu for at least two* days before being transferred. (* Due to a limited number of inter-island flights, pets arriving on Thursday or Friday may not be transferred until the following Monday.)
Owners must pay fees to the Animal Quarantine Station prior to the pet being transferred to the satellite facility. In addition, owners are responsible to pay for fees charged by satellite facilities. ($120-day quarantine costs – approximately $136, plus satellite station fees).
Once your pet arrives in Hawaii, they will be transported to the Airport Animal Quarantine Holding Facility (AAQHF) by airport personnel for inspection.
They’ll then be relocated into indoor kennels and given fresh water (food is provided at your request).
If they arrive early enough during the day, they’ll be transferred to the main station in Halawa Valley, where they may be eligible for direct release. Pets arriving in Honolulu after 3:30 p.m. will spend the night at the airport facility and either be ready for release the next morning or taken to the Animal Quarantine Station (for unqualified animals).
- Direct Airport Release ($185)
- 5-Day-or-Less program ($244)
- Neighborhood Island Inspection Permit ($165)
- Arriving early before eligible for 5-Day-or-Less ($14.30/each day early + $244)
- 120-Day program ($1,080)
*Prices can fluctuate and are subject to change
Pet owners must pay the fee prior to arrival, and there are no discounts for multiple pets.
Guide dogs for the blind and certified service dogs do not have to pay this fee. Active-duty U.S. military members may also qualify for fee reimbursement from the U.S. Department of Defense.
Expect to pay anywhere from $4,500 – $9,000 for shipping household goods to Hawaii. Four main factors will influence the price: Location, Weight, Size, and Contents.
- 20-Foot Container – Generally fits the contents of a 2-BR condo
- 40-Foot Container – Generally fits the contents of a 3-BR house
Here is a helpful post providing details from Royal Hawaiian Movers
Generally, 2-weeks. Depending on the company, the service you select, and a bit of luck – it could arrive in a week. Or sometimes, it may take 3-4 weeks. A lot of it depends on when your container arrives at the port relative to the vessels scheduled departure date and how busy they are.
$900 – $2,000, depending on vehicle size, where you are shipping it from, and how fast you need it to arrive by. You can choose between shipping your vehicle in a container, specific auto carriers, or in secure stowage on the vessel.
Note: You cannot pack your car with things you would like transported to Hawaii. Most shipping companies require the vehicle to be completely empty of any belongings (except for maybe a child seat).
Unlike shipping things on the mainland, there are only a few options to transport your things to Hawaii.
- Shipping Containers, Crates, Pods, and Barges
- FedEx, UPS, USPS
- Air Cargo Aloha Cargo (from limited airports)
Generally, a shipping company is the most cost-effective way to move most of your household items (big things like furniture, bikes, etc.).
If you’ve successfully downsized to the point where a container is not necessary, then shipping your items by mail will be the way to go. You can also supplement your container shipment by shipping important things via mail such that they arrive quickly.
The bare minimum. Even if you have decided to get a container and ship your things to the Big Island, you simply don’t need everything you use on the Mainland. Do yourself a favor and downsize your inventory. A quick Netflix binge of Marie Kondo could probably help with this.
Relocating household items to Hawaii is a big process and can be expensive, so it will be important to thoroughly scrutinize which items to bring.
You will need to estimate how many things you want to move to the Big Island with to help determine what type of shipping method is necessary (freight forwarder, cargo, mail, or a container) in order to get an appropriate quote and timeline.
If you are trying to simplify, here are the key items to address:
- Pets | Relocating with Pets
- Valuables (photos, jewelry, etc.)
- Clothing items (minimized!)
- Documents, laptops, cameras, etc.
- Can’t live without items (ie. bicycle)
- Your car
*If you opt to use a shipping container, then you can bring furniture and a lot of things with you – which could either be a blessing or a curse.
A cash offer is an all-cash bid, meaning a buyer wants to purchase the property without a mortgage loan or other financing. These offers are often more attractive to sellers, as they mean no buyer financing fall-through risk and, usually, a faster closing time.
Most financed transactions in Hawaii take a minimum of 30-days and often 45 to 60-days to close. In comparison, a cash transaction could potentially close within a couple of weeks, so long as escrow has time to prepare documents for proper recording of the deed.
For most buyers, all-cash offers are not a viable option. However, since cash offers will often times be for less than the seller’s asking price – there’s still a chance for a non-cash buyer to woo the seller with an attractive ‘financed offer’. Purchase offers that include a pre-approval letter and proof of funds, combined with a well-written cover letter can carry a lot of weight with the seller.
Most Purchase Contracts include the right for a buyer to select a professional termite inspector to complete a termite inspection and review the written report within a specific time period.
The seller is generally responsible for the cost up to a certain amount, per the terms of the contract. If the termite inspection report reveals live termite infestation, the seller will be responsible for the treatment of the live infestation (not repair of the damage) within a certain time period.
The buyer’s purchase of the property is contingent on the delivery of the termite inspection report to the buyer within the specified time period stating there is no visible evidence of live termite infestation – or the treatment of the live termite infestation within a certain time period.
If neither occurs within the time periods specified, the buyer may elect to terminate the contract in writing and within the specified time period, otherwise, the buyer will have waived this contingency.
When a property has no underlying mortgage, or only a very small balance that could easily be paid off, the owner of the property (seller) could act as ‘the bank’ and extend financing to the buyer, where then the buyer would make monthly mortgage payments to the seller.
Seller Financing is fairly uncommon (especially during times of low-interest rates) since most sellers prefer to get the proceeds of the sale and avoid the potential risks involved.
The mandatory Seller’s Real Property Disclosure Statement (SRPDS) is a written statement that must be completed by the seller, to the best of the seller’s knowledge, and must fully and accurately disclose all material facts relating to the property for sale.
‘Material facts’ refers to any fact, condition or defect, past or present, that could measurably affect the value of the property for sale to a reasonable person.
Sellers should not take their obligation to disclose lightly. Shellers should be as detailed and thorough as possible in their disclosure. A real estate purchase is a huge financial commitment for any buyer, and they tend to look favorably to a seller’s attention to detail in completing the disclosure. More importantly, it’s the best way to minimize risk for potential issues down the road, or even a lawsuit.
Additionally, the seller must amend the SRPDS with any later discovered information during the escrow time period.
If the buyer is not satisfied with the SRPDS, or the amended SRPDS, the buyer may terminate the contract in writing and within the specified time period of receipt, otherwise the buyer will have waived this contingency.
Hawaii Design Group
(808) 326-7670
Geesey Architects LLC
(808) 756-5244
H & S International
(808) 329-3266
Keith A Winnie Architects Inc
(808) 756-7300
Ali’i Architects Inc
(808) 329-8777
Bryan Lindsey, Architect
(808) 333-6853
Weigang/Marvick & Associates
(808) 329-3755
Paul Bleck Ltd
(808) 326-1598
Terrance J. Cisco, Architect
(808) 937-8953
Wes Thomas and Associates
(808) 329-2353 | Email
Pattison Land Surveying
(808) 327-9439 | Email
Crossroads Land Surveying
(808) 325-8600 | Email
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A Small World Preschool
(808) 885-4388 | Waimea
Cole Academy (Preschool)
(808) 731-3220 | Kohala Coast
Waikoloa Elementary School
(808) 883-6808 | Waikoloa (Public)
Kanu O Ka Aina New Center Public Charter School
(808) 887-1117 | Waimea
Grades K-12 (Charter School)
Waikoloa Middle School
(808) 883-6808 | Waikoloa
(Public)
Parker School
(808) 885-7933 | Waimea
Grades K-12 (Private)
Hawaii Preparatory Academy (HPA)
(808) 885-7321 | Waimea
Grades K-12 (Private)
Waimea Country School
(808) 885-0067 | Waimea
Grades PreK-12 (Private)
Waimea Middle Public Conversion CS
(808) 887-6090 | Waimea
Grades 6-8 (Charter School)
A Small World Preschool
(808) 885-4388 | Waimea
Waimea Elementary
(808) 887-7636 | Waimea
(Public)
Kanu O Ka Aina New Center Public Charter School
(808) 887-1117 | Waimea
Grades K-12 (Charter School)
Waikoloa Middle School
(808) 883-6808 | Waikoloa
(Public)
Parker School
(808) 885-7933 | Waimea
Grades K-12 (Private)
Hawaii Preparatory Academy (HPA)
(808) 885-7321 | Waimea
Grades K-12 (Private)
Waimea Country School
(808) 885-0067 | Waimea
Grades PreK-12 (Private)
Waimea Middle Public Conversion CS
(808) 887-6090 | Waimea
Grades 6-8 (Charter School)
Aloha Insurance Services Inc
(808) 334-0044
Atlas Insurance Agency
(808) 329-4844
Paradise Insurance LLC
(808) 315-7207
Allstate Insurance
(808) 326-1125
Parker School
(808) 885-7933 | Waimea
Grades K-12
Hawaii Preparatory Academy (HPA)
(808) 885-7321 | Waimea
Grades K-12
Makua Lani Christian Academy
(808) 329-3093 | Kailua-Kona
Grades 8-12
Kona Adventist Christian School
(808) 323-2788 | Captain Cook
Grades K-8
Waimea Country School
(808) 885-0067 | Waimea
Grades PreK-12
Innovations Public Charter School
(808) 331-3130 | Kailua-Kona
Grades 1-8
Hawaii Technology Academy
(808) 676-5444 | Kailua-Kona
Grades K-12
West Hawaii Explorations Academy
(808) 327-4751 | Kailua-Kona
Grades 6-12
Kona Pacific Public Charter School
(808) 322-4900 | Kealakekua
Grades K-8
Kuleana Education
(808) 989-0986 | Holualoa
Grades K-8
Waimea Middle Public Conversion CS
(808) 887-6090 | Waimea
Grades 6-8
Kanu O Ka Aina New Center Public Charter School
(808) 887-1117 | Waimea
Grades K-12 (Charter School)
Kealakehe High School
(808) 313-3600 | Kailua-Kona
Konawaena High School
(808) 323-4500 | Kealakekua
Kealakehe Intermediate School
(808) 327-4314 | Kailua-Kona
Konawaena Middle School
(808) 323-4566 | Kealakekua
Waikoloa Middle School
(808) 883-6808 | Waikoloa
Kahakai Elementary School
(808) 313-6200 | Kailua-Kona
Holualoa Elementary School
(808) 313-3800 | Holualoa
Konawaena Elementary School
(808) 323-4555 | Kealakekua
Kealakehe Elementary School
(808) 327-4308 | Kailua-Kona
Honaunau Elementary School
(808) 328-2727 | Captain Cook
Ho’okena Elementary
(808) 328-2710 | Captain Cook
Waikoloa Elementary School
(808) 883-6808 | Waikoloa
Waimea Elementary
(808) 887-7636 | Waimea
Creative Day Preschool
(808) 329-1323 | Kailua-Kona
Alaka’i Academy
(808) 331-8000 | Kailua-Kona
Hawaii Montessori Schools
(808) 329-0700 | Kailua-Kona
Kamehameha Preschool
(808) 322-5400 | Kailua-Kona
Punana Leo o Kona
(808) 323-8052 | Captain Cook
University of the Nations Preschool
(808) 326-4411 | Kailua-Kona
A Small World Preschool
(808) 885-4388 | Waimea
Cole Academy
(808) 731-3220 | Kohala Coast
Jung & Vassar
(808) 326-4852
Carlsmith Ball LLP
(808) 329-6464
Kona Law: Fagundes III Joseph
(808) 326-9831
Stephen D. Whittaker, Aal, LLC
(808) 960-4536′
Jewell & Krueger LLC
(808) 326-7654
Big Island Inspections Services
(808) 324-0722
Franz Appraisals
(808) 326-1901
GP & Associates Inc.
(808) 329-5050
Hawaii Appraisal Group
(808) 217-2501
Kona Appraisal Service
(808) 557-1013
Hawaii Appraisal Group
(808) 217-2501
Perino Designs
(808) 325-5919
Waters Designs
(808) 987-7166
Carol Ann LLC
(808) 327-0088
Jeanne Marie Imports
(808) 329-4818
Henderson Design Group
(808) 315-8782
Willman Interiors
(808) 887-1719
Fine Design Interiors, Inc.
(808) 885-8992
Trans-Pacific Design
(808) 885-5587
Peggy Chesnut & Co Inc
(808) 322-7878
Fidelity National Title Insurance
(808) 334-0202
First American Title Company, Inc.
(808) 329-4431
First Hawaii Title Corporation
(808) 329-8227
Old Republic Title
(808) 327-3700
Title Guarantee
(808) 329-6666
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A Foreclosure is when the lien holder (generally the bank) files legal documents to take possession of the property because the homeowner defaulted on their payment obligation. The process takes time and is costly for the lien holder, and therefore the bank’s last and least favorable remedy.
A Short Sale involves a lienholder willing to approve a sale even though the proceeds of the sale will not be enough to pay off the balance owed to the lien holder.
Banks will often prefer a Short Sale, where the bank (or lienholder) will accept less than the balance owed in order to avoid having to foreclose on the property.
The property owner will need to qualify for the Short Sale approval, by showing evidence of true financial hardship that makes it difficult to continue with the payment obligation for the property (job loss, income loss, etc.), and does not have the funds to make up the shortfall for the amount owed.
The lienholder typically orders an appraisal to determine the true market value and carefully scrutinizes the property owner’s financial hardship before approving the short sale.
The escrow process begins upon the Purchase Contract acceptance date and ends upon the date when the buyer takes ownership of the property (recordation date). This time period often ranging between 30 to 60 days depending on whether it’s a cash transaction or if the transaction is subject to financing.
Escrow is ‘opened’ upon acceptance of the purchase offer (signed by buyer and seller) and the fully executed contract together with the buyer’s Earnest Money Deposit gets deposited with the escrow company.
An escrow company is a confidential and impartial third-party that holds money and/or documents in safekeeping until such time that all conditions and terms have been satisfied. They represent neither the buyer nor seller.
Numerous ‘contingencies’ exist within a purchase contract (conditions that must be satisfied, or events that must occur before a party is obligated to proceed). A few important contingencies include the home inspection contingency (J-1), financing contingency (H-3), title review contingency (G-2), review of Seller’s Disclosure (I-1), survey review contingency (K-2, K-3), termite inspection contingency (L-2), association and or condominium document review contingency (M-1).
During escrow, an inspection may uncover unexpected items. The buyer and seller can negotiate repairs or credits before the inspection contingency (J-1) time period expires. The buyer may terminate the contract and receive a refund of his deposit, as long as the buyer cancels prior to the inspection contingency (J-1) time period expiration, per the cancellation provisions in the contract.
Note: Sellers are not automatically obligated to repair defects unless otherwise agreed to in the purchase contract.
Upon completion of all inspections, the buyer’s loan has been approved, all documents and reports have been reviewed and approved and all other contingencies have been removed, escrow will have the conveyance documents (deed) prepared.
Both buyer and seller will sign the deed and other escrow closing documents, and the buyer may sign the mortgage loan documents as well. Rarely do buyers and sellers sit in the same room together for signing. Normally, the escrow officer will schedule separate appointments for the buyer and seller separately. Signing can be done out of state, as long as the original signed and notarized documents are returned to escrow for proper recordation.
All signed and notarized conveyance documents and loan documents together with all funds (cash and loan) need to be received by escrow no later than 2-business days prior to recordation. Conveyance documents will be stamped and recorded at the Bureau of Conveyances in Honolulu on the morning of the closing date (recording date). Escrow will pay off any existing loans on the property, balance the file, pay any remaining bills, disburse funds and documents, and close escrow.
Closing escrow for most transactions means the buyer receives ownership rights along with the keys to the property and the seller receives the proceeds of the sale.
>> Helpful Big Island Real Estate Resources for Home Buyers
>> Helpful Big Island Real Estate Resources for Home Sellers
Joint Tenancy – where two, or more persons have the same interest, commences the same time, by the same conveyance and held by the same possession. Allows the right of survivorship where the surviving joint tenant assumes the interest of the deceased tenant.
Tenancy in Common – where two, or more persons have undivided interest, equal or unequal. Each tenant is entitled to their proportionate share of undivided possession of the property and is subject to the other tenants rights of possession. The tenants are able to sell their interest without the consent of the other tenants. No rights of survivorship.
Tenancy in Severalty – only one person has total interest in the property, severed from all others. Generally used by corporations. Upon the death of the owner, property goes to probate and passes to its heirs or devisee. Also known as Several Tenancy or Sole Tenancy.
Tenants by the Entirety – available only to a husband and wife where each has an equal, undivided interest. Neither spouse can convey or partition their interest without the others consent. Only severed by divorce, joint conveyance, or mutual agreement. Upon a death, the surviving spouse succeeds to the entire property without the need for probate.
Title insurance insures a property owner against loss resulting from a defect in title. A title insurance company will perform a search of public records and will assume the risk on certain items, such as:
- Someone else owns an interest in your title.
- Someone else has rights affecting your title arising out of leases, contracts, or options.
- Another person claims to have rights affecting your title arising out of forgery.
- Someone else has an easement on the land.
- Another person has a recorded right to limit your use of the land.
- Someone else has a recorded lien or encumbrance on your title.
- You are forced to correct or remove an existing violation of any covenant, condition, or restriction affecting the land.
- Because of an existing violation of a subdivision law or regulation affecting the land: you are unable to obtain a building permit; you are forced to correct or remove the violation; someone else has a legal right to, and does, refuse to perform a contract to purchase the land, lease it or make a mortgage loan on it.
- You are forced to remove or remedy Your existing structures, or any part of them because any portion was built without obtaining a building permit.
- You are forced to remove or remedy Your existing structures, or any part of them because they violate an existing zoning law or zoning regulation.
- Your existing improvements made after the policy date, including lawns, shrubbery, or trees, are damaged because of the future exercise of a right to use the surface of the land for the extraction development of minerals, water, or any other substance.
- Someone else tried to enforce a discriminatory covenant, condition, or restriction which is based upon race, color, religion, sex, handicap, familial status, or national origin.
- A document upon which your title is based is invalid because it was not properly signed, sealed, acknowledged, delivered, or recorded.
- The residence with the address shown is not located on the land.
Escrow fees are split 50/50 between the seller and buyer.
Title fees are split 60% to the seller and 40% to the buyer.
Escrow is a confidential and impartial third-party who holds money and/or documents in safekeeping until such time that all conditions and terms have been satisfied. They represent neither the buyer nor seller.
Escrow’s duties include: Receiving and holding deposits, ordering title searches and conveyance documents, clearing title, making pay-offs to existing lenders, providing a settlement statement, handling closings with buyers and sellers, recording documents, and disbursing all funds at close of escrow.
The amount of down payment required depends on how you intend to use the property, (eg. primary residence, 2nd home, investment.)
Typical Down Payment Requirements:
Primary Residence:
- 0% VA
- 3 % FHA
- 3% – 3.5% HomePath
- 20% Conventional
- 25% Portfolio
2nd Home
- 3% – 10% HomePath
- 20% Conventional
- 30% Portfolio
Investment
- 3% – 10% HomePath
- 30% – 35% Portfolio
*Additional factors may affect down payment requirements. Your lender can help guide you through the various options.
Yes, you can use a mainland lender
However, it is advantageous to stick with a Hawaii-based lender familiar with the intricacies of Hawaii Real Estate to help fund your loan and get to closing on time as specified within the contract.
Closing late can cost you money every day the transaction is extended should the seller charge you daily interest.
Additionally, many mainland lenders will not approve loans for certain types of property in Hawaii, such as condos that allow for short-term vacation rentals.
Generally, yes. However, it may be required that an additional 5-years be remaining on the lease beyond the term of the loan. So, for a 30-year loan, there would need to be at least 35-years left on the lease.
When you submit a purchase contract to the seller along with a pre-approval letter, your offer will hold more weight than doing so compared to being “pre-qualified”.
Lenders do not verify employment information or credit history for pre-qualification.
For pre-approval, you will be required to submit a loan application with required documentation (employment, financial, credit report) to be reviewed by the underwriter.
NextHome Paradise Realty
75-170 Hualalai Road, Suite #D118
Kailua-Kona, Hawaii 96740
| Get Directions |
Phone: 808-345-6214 | Contact Penn Henderson
A “Comparative Market Analysis” is an analysis of recently closed sales on the Multiple Listing Service (MLS) that are similar to the subject property. The report includes the bathrooms, bedrooms, closed sales price, days on market, interior square-feet, list price, and median sales price.
Buyers use a CMA to determine a fair price to offer on a property.
Sellers use it to determine the market value of their property to arrive at an appropriate list price.
Note: A CMA is not the same as an “appraisal”, which is a thorough analysis & report generally used by Mortgage and appraisal companies for refinancing and appraisal purposes.
The seller pays a percentage of the sales price to the listing agent’s broker office, who then splits the amount 50/50 with the buyer agent’s broker office.
Top-7 Reasons Why to Choose Penn Henderson as Your Kona REALTOR®
The seller is responsible (typically) for both the survey and termite inspection, and both are generally paid through escrow.
Major structural components, plumbing, heating, and electrical systems are inspected for visual signs of nonfunctional performance, excessive wear, and general condition.
Items inspected: Air conditioning, appliances, breaker panel, cabinets, ceilings, disposal, doors, exterior siding, floors, foundation, framing, heating system, insulation, outlets, roof, showers, sinks, smoke detectors, stairs, switches, toilets, tubs, walls, water heater, and windows.
Once a seller has accepted your purchase contract, escrow opens. The following items (paragraphs within the contract) are part of a typical escrow, with financing, as of the acceptance date:
| B1 | Earnest money deposit within 3 business days |
| H-4(a) | Submit loan application within 2 business days |
| H-4(b) | Pre-qualification letter due within 3 business days |
| H-1(a) | Cash verification by buyer due within 3 business days |
| L2 | Termite selected within 5 days; delivered 10-days prior to closing |
| E3 | Inventory delivered within 5-days; 5-day review |
| I1 | Seller disclosure delivered within 5-days; 5-day review |
| N1 | Rental docs delivered within 5-days; 5-day review |
| G1 | Preliminary title report delivered within 7-days; 5-day review |
| G3 | Title & tenancy selected within 10 days |
| J1 | Home inspection approval within 10 days |
| D2 | Additional deposit by buyer due upon satisfaction of J1 |
| M1 | AOAO/HOA docs delivered within 10-days; 5-day review |
| H-4(c) | Conditional loan approval due within 30 days |
| H-4(d) | Loan conditions satisfied within 37 days |
| K2 | Survey delivered within 30 days |
| J8 | Removal of seller personal property 5 days prior to closing |
| J9 | Interior cleaning 4 days prior to closing |
| J10 | Pet treatment 4 days prior to closing |
| J3 | Final walk-through inspection 3 days prior to closing |
| D2 | Balance of cash by buyer due 2 days prior to closing |
| F2 | Escrow closes within 45 days |
Faxing is quite uncommon nowadays. Most communication transpires through email, along with documents utilizing digital signatures via DocuSign® (http://docusign.com) where the paperwork is pre-filled with tabs so you only click with the mouse to initial, sign, and date.
Through a 1031 Exchange, the capital gains tax on the sale of an investment property is deferred until a future date as long as the replacement property, of like kind, is of equal or greater value.
200 days in Hawaii County (Big Island) to be eligible for residency. If you had your legal domicile in Hawaii for the whole tax year, or if you lived in Hawaii for at least 200 days (no matter where you had your domicile in this period), you are a resident of Hawaii. There are some exceptions, however: military employees and students are not considered residents if their domicile is outside Hawaii and if they resided in Hawaii for more than 200 days solely for educational or work purposes.
Tax Assessed Value
The tax assessor establishes an assessed value for the purpose of collecting the appropriate property taxes. Big Island assessed property values are established once every year on October 1 based on ‘comparable sales’ (similar size & location) that recorded prior to July 1st of a given year while also considering any market movements up until October 1.
The assessed value on October 1 determines taxes for the following fiscal year, which begins the following year on July 1. That means tax assessed values lag behind the real market value by at least one year. Note: The tax assessor rarely inspects the inside/condition of the property, which means the tax assessor may lack information to consider such as expensive upgrades versus original or even tear down condition. Additionally, the tax assessor does not adjust for gorgeous ocean views, beautiful landscaping, or property frontage.
For example, a property in Kona with great ocean views, spectacular landscaping, and stunning curb appeal might have the same tax assessed value as a ‘similar property on a nearby busy street with a dilapidated interior and no view of the ocean. While both properties might have the same tax assessed value, the true market value for both properties could differ substantially. Hence, one of the reasons why lenders don’t use assessed value in their loan calculations since it’s far from an ‘accurate’ or reliable indicator of the real market value.
Appraised Value
The appraised value (appraisal) is a professional value opinion completed for a fee by a licensed appraiser, often hired by mortgage lenders. A licensed appraiser determines the appraised value by researching and comparing most recent (during the last few months) comparable sales (similar size & location) and uses certain predetermined detailed criteria to make adjustments for condition, upgrades, functionality, layout, etc. While appraisers have to be very detailed and follow specific formulas, 10 different appraisers still might come up with 10 different value opinions! Keep in mind, that appraisals are subject to the person performing the appraisal (appraiser), and even with a high degree of detailed analysis and specific formulas used for calculations, the end result can often be different from one appraisal to the next.
Real Market Value
The real market value is the price that a willing and able buyer pays for a property at that time. This could be affected by several market dynamics. For example, if two or more buyers are interested in the same property at the same time, it is possible that the property could sell at a higher price than otherwise.
Fee Simple (also known as Freehold) is the most complete form of ownership and most common throughout the United States and Hawaii. Fee Simple ownership includes the land and the buildings thereon. A Fee Simple condominium includes the actual condominium unit and the proportionate interest in the land underneath plus the proportionate interest in the common and limited common elements of the project. Common elements could include the lobby, elevator, walkways, swimming pool, etc. Fee Simple owners are responsible for their property taxes and sometimes association dues and or maintenance fees in the case of a condominium.
Leasehold ownership only includes the buildings, but not ownership of the land! A Leasehold condominium includes the actual condominium unit and the proportionate interest in the common and limited common elements of the project but not the ownership of the land. Someone else (the fee owner) owns the land and the Leasehold owner only leases (rents) the land at terms defined in the lease document. Prices for leasehold properties may appear very affordable, but remember, the price reflects a value without ownership in the land.
Potential buyers of leasehold property should proceed with caution with a full understanding of leasehold terms: Leasehold owners pay a monthly lease rent to the landowner. Per the terms of the lease, the lease rent could increase over time and is payable above and beyond the property taxes and any possible association dues or maintenance fees. Per the terms of the Lease, there may be restrictions on property usage, alterations, and maintenance.
Financing for Leasehold properties could be more difficult depending on how short the remaining lease term is. Generally, lenders require the lease to be at least 5 years longer than the loan term. So, a 15-year loan would tend to require at least 20 years remaining on the lease. The terms and details of the Lease can vary for different properties and the risks of ‘Step-Up Lease Rent’, ‘Lease Renegotiation’, and ‘Lease Expiration’ need to be carefully considered.
For any rental, regardless of how many days the rental period is, an owner is required to pay 4.712% tax on rental income, which is called GET (General Excise Tax) – similar to a consumption tax.
Additionally, for rentals less than 180 days, an owner will also have to pay TAT (transient accommodation tax), which is 10.25% in addition to the 4.712% GET.
Typically for rentals less than 180 days, an owner will pass on the GET and TAT to the tenant (just as they would pay these taxes when staying in a hotel), so net, there are no costs to the owner (charge the tenant and then pay the State’s tax office).
Hawaii real property taxes are based on the fiscal year, running from July 1 – June 30 of the following year and are paid in 2 even installments: 1) Installment 1 is due August 20 (payment for July 1 – Dec 31 taxes) and 2) installment 2 is due February 20 (payment for January 1 – June 30 taxes of the following year).
Assessed Value
Property taxes are based on assessed value, which is a value the tax office’s appraisal team determines a property is worth, which is different from market value (what a Buyer is willing to pay).
Existing Properties
An appraiser at the tax office will typically review and analyze 5 comparable properties that have sold prior to July 1 of a given year (without actually visiting the property) and ideally not too many months prior to July 1 to determine what the value may be of a given property. The appraised value is the value on October 1 and since the appraiser only looks at sold data prior to July 1, the appraiser will also assess how much the market may have moved up or down in the 3-month period from July 1 to October 1 and use that as well in determining the property’s value on October 1. The assessed value on October 1 is used to calculate property taxes due the following fiscal year. Example: October 1, 2017, assessed value is the value used to determine property taxes for the fiscal year 2018, which runs July 1, 2018 – June 30, 2019. An owner can contest and appeal the assessed value in case an owner believes the assessed value is too high. *If you intend to appeal an assessment, make sure to have actual recent sold data to support your claim. Appeals can be filed online using this PDF form: RP Form 19-91 (Appeal Application)
New Construction
For new construction, not completed yet, the appraiser will typically look at the costs of the building permits the developer takes out at the County of Hawaii’s Department of Planning & Permitting, which is normally a fraction of actual market value and a major reason why new construction oftentimes have 1-year or longer with property taxes that are substantially below where property taxes should be, based on market value. Example: If a new home is completed in May 2019 the property taxes for the fiscal year 2019 (July 1, 2019 – June 30, 2020) will be based on assessed value on October 1, 2018, which is a date prior to the house being completed, and there is a good chance property taxes will be low, relative to market value, since the assessed value is determined in great part based on the costs of the builder’s building permits. Come October 1, 2019, there will be sales data (at the least May 2019 original sales prices) and it is likely the assessed value for fiscal 2020 (July 1, 2020 – June 30, 2021) will be much closer to the home’s market value.
Hawaii County (Big Island) Property Tax Rates
| Property Class | Taxable per/$1000 |
| Affordable Renting Housing | $6.15 |
| Agricultural/Native Forests | $9.35 |
| Apartment | $11.70 |
| Commercial | $10.70 |
| Conservation | $11.55 |
| Homeowner | $6.15 |
| Hotel/Resort | $11.55 |
| Industrial | $10.70 |
| Residential (less than $2M) | $11.10 |
| Residential (more than $2M) | $13.60 |
Review Property Assessed Values & Property Taxes
Click here to review the assessed value of any property in Hawaii County. Select “Yes, I accept the above statement” and then click “Search by Site Address” and you can enter Street Number, Street Name, and Unit Information.
Yes. However, there are strict requirements you must follow before traveling to Hawaii with animals, in addition to post-arrival quarantine.
Hawaii is rabies-free and the quarantine law is designed to protect residents and pets from potentially serious health problems associated with the introduction and spread of rabies.
All dogs and cats, regardless of age (puppies and kittens included) or purpose, must comply with Hawaii’s dog and cat import requirements.
Hawaii Administration Rules govern the importation of dogs, cats, and other carnivores into Hawaii. This law states that dogs and cats meeting specific pre-and post-arrival requirements may qualify for 5 Day Or Less quarantine program, which has a provision for direct release at Daniel K. Inouye International Airport (Honolulu) after inspection.
Furthermore, the law requires dogs and cats that do not meet all of the specific 5 Day Or Less program requirements to be quarantined for up to 120 days upon arrival in Hawaii.
Conveyance tax is imposed on all transfers of interest in real estate and is paid by the seller.
The rates range from .10-$1.00 per $100 of value for property that is eligible for a real property tax homeowner’s exemption and .15-$1.25 per $100 of value for property that is not eligible for the exemption.
HARPTA – non-Hawaii residents are subject to HARPTA (Hawaii Real Property Tax Act) which requires 7.25% of the sales price (not the gains) to be withheld for the payment of Hawaiian State Tax on the gain realized. If there will be a loss, escrow can submit form N-288B to waive this collection.
FIRPTA – non-US citizens are subject to FIRPTA (Foreign Investment in Real Property Tax Act) which requires 15% of the sales price (not gains) to be withheld for the payment of US Federal Taxes.
If the buyer intends to occupy the property as their residence, the required withholding is reduced as follows:
- 10% of the sales price for properties sold between $300,001 to $1,000,000.
- 0% of the sales price for properties sold up to $300,000.
Sellers may recoup some of the withholdings beyond the applicable capital gains tax by filing the appropriate form.
If you rent your property less than 180 consecutive days (short-term) you would be responsible for paying TAT (Transient Accommodations Tax) of 10.25% on the gross rental income, in addition to paying GET (General Excise Tax).
These taxes can be passed on to the renter.
Hawaii does not have sales tax, it has General Excise Tax which is assessed on all business income. The current GET rate for Big Island is 4.7120%.
Maybe. You will need to obtain a short-term rental permit issued through the County of Hawaii.
In addition, if you live off-island you will need to have an on-island agent to be the person of contact and responsible for the collection of taxes (GET, TAT) on the rental income.
Short-term management fees typically range from 22%-50% of the gross rents received, depending on services included and whether the front desk is on-site or off-site.
Long-term management fees average 10% of the gross rents received.
Responsibilities of a rental property management company vary, but typical tasks include advertising, booking, processing payments, guest services, house cleaning and the payment of GET and TAT. Additional tasks include the payment of AOAO/HOA dues, real property taxes and electric bills. If the guest has any issues with the property, they would contact the rental management company for assistance.
A rental term of at least 180 consecutive days.
Septic – An on-site disposal and treatment system in the ground with a septic tank and a soil absorption area. Organic solid material (scum) floats to the surface and is converted to a liquid by the bacteria. Inorganic material (sludge) and the byproducts of the bacterial digestions sink to the bottom of the tank. Only clear water is to overflow into the absorption area. You should avoid allowing the following to enter the septic system as it will harm the bacteria: acids, bleaches, caustic drain openers, cleaning compounds, detergents, disinfectants, polishes, toilet cleaners. Accumulated sludge and scum should be removed regularly.
Cesspool – Known as leaching pools, are encased within either cement block, brick, or concrete. Wastewater enters the cesspool and drains through the perforated walls into the surrounding soil, leaving the solids in the pool. Requires more maintenance than septic.
A method of collecting rain from the roof and transporting it to a storage container for domestic and agricultural use. It is recommended that at least three filters (sediment, carbon, calcite) are used to properly clean and treat the water. For potable water, a UV system should be installed after the third filter.
More Info: http://ctahr.hawaii.edu/
Yes. You will need to submit a ‘Site Unseen Addendum’ with the Purchase Contract.
It is recommended, however, that you view the property prior to submitting an offer whenever feasible.
