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Hawaii real estate contracts practice test

25 questions with answers and explanations · 2026

1. A seller agrees with a broker that the seller will receive $200,000 and the broker keeps anything above that. The home sells for $240,000. This arrangement is a:

Answer & explanation

Answer: C. In a net listing the broker's fee is the excess over a set net ($40,000 here). It encourages the broker to underprice and is illegal in many states, including NJ.

2. Under the statute of frauds, a real estate sales contract must be:

Answer & explanation

Answer: C. The statute of frauds requires real estate sales contracts to be in writing and signed to be enforceable.

3. A zero-down-payment government loan program aimed at low- and moderate-income buyers in eligible rural areas is offered through the:

Answer & explanation

Answer: D. USDA Rural Development loans serve eligible rural buyers who meet income limits, often with no down payment.

4. The federal law that prohibits price fixing, group boycotts, market allocation and tie-in agreements is the:

Answer & explanation

Answer: A. The Sherman Antitrust Act of 1890 prohibits conspiracies in restraint of trade, including these practices.

5. A listing broker receives three written offers on the same day. The broker must:

Answer & explanation

Answer: A. HAR 16-99-3(j) requires immediate transmission, and when there are multiple offers all go to the owner for decision.

6. A listing agreement in which the broker earns a commission regardless of who sells the property is a(n):

Answer & explanation

Answer: B. In an exclusive right-to-sell listing, the listing broker earns a commission no matter who procures the buyer, even the owner. (Reclassified to section 6 / CORE.)

7. A sales contract for a unit purchased from a condo developer becomes binding only after the buyer receives the public report, a notice of cancellation rights, and:

Answer & explanation

Answer: D. HRS 514B-86 conditions a binding contract on delivery plus waiver, actual or deemed.

8. A contract signed by a 17-year-old buyer is generally:

Answer & explanation

Answer: B. Contracts with minors are voidable at the minor's option; the adult party remains bound. A contract with someone adjudged insane is void.

9. A property manager authorized to collect rents, sign leases, hire contractors and run the owner's buildings on an ongoing basis is typically a:

Answer & explanation

Answer: D. A general agent handles a range of matters in a continuing relationship (typical of property management). A listing agent is a special (limited) agent for one transaction.

10. An offer or counteroffer becomes a binding contract when:

Answer & explanation

Answer: A. Acceptance must be unconditional and communicated back to the offeror; any change creates a counteroffer instead.

11. The agency disclosure must be confirmed in the purchase contract in a separate paragraph titled:

Answer & explanation

Answer: A. HAR 16-99-3.1(e) specifies a separate 'AGENCY DISCLOSURE' paragraph in no less than ten-point bold print. No exact wording is mandated.

12. In a Hawaii agreement of sale, during the payment period:

Answer & explanation

Answer: B. An agreement of sale is an installment land contract. Such agreements and their assignments are named as taxable conveyance instruments in HRS 247-1.

13. A financing contingency in a purchase agreement protects the:

Answer & explanation

Answer: C. A financing (mortgage) contingency lets the buyer cancel without penalty if unable to secure the specified loan by the deadline.

14. A licensee representing the seller who learns the buyer will pay more than the offer must:

Answer & explanation

Answer: C. Loyalty and disclosure require the seller's agent to share material information that benefits the client. The agent owes the buyer-customer no confidentiality.

15. A contract clause stating that 'time is of the essence' means:

Answer & explanation

Answer: D. 'Time is of the essence' makes performance by the stated dates essential; missing a deadline can be a breach.

16. A deposit sits in an interest-bearing trust account, and there is no written agreement on who gets the interest. The interest belongs to:

Answer & explanation

Answer: C. HAR 16-99-4(c) awards interest to the fund owner absent a written agreement. The broker can never keep it without one.

17. Under an open listing, the seller owes a commission to:

Answer & explanation

Answer: C. Open listings are non-exclusive; only the procuring broker is paid, and the owner owes nothing for a self-sale.

18. A seller refuses to close on a valid contract. Because each parcel of real estate is unique, the buyer may sue to force the sale through:

Answer & explanation

Answer: D. Specific performance compels the breaching party to perform; it is available because land is unique. The buyer could alternatively seek monetary damages.

19. Which is the most common and desirable way a real estate sales contract terminates?

Answer & explanation

Answer: C. Contracts ideally end by performance. They can also end by mutual agreement, impossibility, operation of law, or breach.

20. A party making an offer to buy is the ____, and the party receiving it is the ____.

Answer & explanation

Answer: D. The offeror makes the offer; the offeree receives it. When a counteroffer is made, the roles swap.

21. Under HRS 514E-8, who may cancel a time share contract within the 7-day period?

Answer & explanation

Answer: C. 514E-8 is mutual: either party may cancel by mailing or delivering notice.

22. A condo developer's buyer may cancel the contract until:

Answer & explanation

Answer: C. HRS 514B-86 sets the 30-day period running from the later of the two events.

23. A Hawaii time share contract may be canceled without penalty within:

Answer & explanation

Answer: D. HRS 514E-8 provides a seven-day cancellation window.

24. Under HRS 508D, the disclosure delivery and rescission periods may be changed:

Answer & explanation

Answer: A. HRS 508D-5 allows the parties to shorten or extend the periods in writing.

25. An offer is accepted July 6. The seller delivers the 508D disclosure July 10. The buyer's last day to rescind (no agreed changes) is:

Answer & explanation

Answer: B. Fifteen calendar days from receipt (July 10) is July 25. July 21 counts from acceptance.

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