STAND. COM. REP. NO.  1146

 

Honolulu, Hawaii

                , 2015

 

RE:   S.B. No. 17

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Sir:

 

     Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 17 entitled:

 

"A BILL FOR AN ACT RELATING TO REAL ESTATE SELLER DISCLOSURE,"

 

begs leave to report as follows:

 

     The purpose of this measure is to clarify that the required disclosure of documents by a seller for a residential real property that is subject to restrictions or conditions on use applies to documents that are within a seller's knowledge or control.

 

     The Hawaii Association of REALTORS testified in support of this measure.

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying that sellers are required to disclose all documentation relating to any restrictions or conditions within the seller's knowledge or control, including any unrecorded rules or guidelines; and

 

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 


     While your Committee received testimony requesting the removal of language that requires the disclosure of all documentation relating to any restrictions or conditions, including unrecorded rules or guidelines, your Committee notes that this language should be retained because it provides greater clarity and certainty in the implementation of this measure.

 

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 17, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 17, H.D. 1, and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

 

 

 

 

____________________________

ANGUS L.K. McKELVEY, Chair