Agency in Hawaii          Last updated: 05/02/2013 05:39:14 PM

In Hawaii, there is no uniform definition of an agent’s duties to all parties and no uniform disclosure required other than the one found in The Purchase Agreement: "Section A: AGENCY DISCLOSURE. A-1 AGENCY. Buyer and/or Seller in a real estate transaction in Hawaii may retain a real estate Brokerage Firm as their agent. In such case, Buyer and/or Seller is represented by the Brokerage Firm and all of its licensees. Hawaii law requires real estate licensees to disclose orally or in writing to Seller and/or Buyer whom the licensee represents. The form of representation may be one of the following: (a) Seller's Agent. Brokerage Firm represents Seller only unless a disclosed dual agency exists. Seller's Agent owes the highest duties to Seller, including confidentiality, loyalty, and utmost care. (b) Buyer's Agent. Brokerage Firm represents Buyer only unless a disclosed dual agency exists. Buyer's Agent owes the highest duties to Buyer, including confidentiality, loyalty, and utmost care. (c) Dual Agent. Brokerage Firm represents both Buyer and Seller. This commonly occurs when licensees in the Brokerage Firm representing Seller have Buyer clients looking for types of property similar to Seller's property. Dual Agents must remain neutral in negotiations and must not advance the interests of one party over the other. A separate Dual Agency Consent Addendum is required under Hawaii Law. (d) No Agency Representation" (Buyer or Seller is a Customer and is not represented by a Brokerage Firm. It is recommended the Customers seek legal counsel prior to signing a Purchase Contract.)

Most realty companies have a “dual-agency” disclosure that puts buyer and seller on notice that the same company represents both. If you are seeking real estate in Hawaii we can help you understand agency relationships. The articles below include news articles about the concept of Agency.

Agency Part 1 - Who’s Looking Out For You? by Walt Harvey, Small Business Hawaii News, 11/2004

Who does your agent represent?  by Walt Harvey, Small Business News, 3/2005

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