agency
Mandatory Agency Disclosure (Hawaii)
Under HAR 16-99-3.1, Hawaii licensees in sales and leases over one year must make written disclosure at listing (whether the seller authorizes subagents and compensation sharing), disclose to the buyer before preparing the contract and to the seller before presenting it whom they represent, and confirm this in the contract in a separate paragraph titled 'AGENCY DISCLOSURE' in at least 10-point bold type. Dual agency requires written consent of both parties stating full disclosure was made and briefly describing each party's representation.
- Exam tip
- 'List it, prep it, present it, then bold it.' A one-line statement that the firm represents both parties is not valid dual agency consent.
- Example
- Two salespeople of one firm represent seller and buyer. The firm needs both parties' written consent describing each side's representation, plus the bold AGENCY DISCLOSURE paragraph.
Related terms & state variants
Sources
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Last verified: 2026-10-23