This website is published by Island Boutique Realty, Inc., a corporation licensed as a real estate brokerage by the State of Hawaii under license RB-22087, with its principal place of business at 65-1235 Opelo Road, Suite 6, Kamuela, Hawaii 96743. All real estate services described on this site are offered through that corporation.

Every licensee named on this site is a Hawaii real estate licensee associated with the firm, and each licensee's individual license number is published on that licensee's own page. Hawaii regulates the licensing and the conduct of real estate brokerages and salespersons, and the firm and each of its licensees are subject to that regulation. HRS ch. 467; HAR ch. 16-99

The firm's legal name and the State in which it is licensed appear in the footer of every page of this site. Hawaii requires a brokerage's advertising to identify the brokerage by its licensed name, in any medium, and the Code of Ethics of the National Association of REALTORS® separately requires a member firm's website to disclose the firm's name and states of licensure. HAR § 16-99-11; NAR SOP 12-5, 12-9

A Hawaii real estate brokerage may represent the seller, may represent the buyer, or, in defined circumstances and with the informed written consent of both, may represent both parties in the same transaction. The duties owed to you differ materially in each case, and in the third certain duties owed to a client, including the duty to advise on price and terms, are necessarily curtailed as to both parties.

Hawaii requires that the nature of the relationship be disclosed to you in writing, and that the disclosure be made before you are asked to make or to accept an offer. HAR § 16-99-3.1 The firm complies with that requirement in the transaction.

Using this site creates no brokerage relationship. Browsing a property, reading an article or sending an inquiry does not make the firm your agent and creates no duty of confidentiality. A relationship begins only on a written agreement signed by you and by the firm. Until then, do not send us anything you would not want disclosed.

Island Boutique Realty, Inc. is an Equal Housing Opportunity brokerage. The firm does business in accordance with the Fair Housing Act and with Hawaii law, and does not discriminate, and will not act on any instruction to discriminate, in the sale, rental, advertising or financing of housing.

Federal law prohibits discrimination on the basis of race, color, religion, sex, national origin, familial status and disability. 42 U.S.C. § 3601 et seq.; 24 C.F.R. pt. 100 Hawaii law goes further and additionally prohibits discrimination on the basis of ancestry, age, marital status, sexual orientation, gender identity or expression, and HIV infection. HRS § 515-3

It is separately unlawful to induce or attempt to induce a person to act on any of those grounds. HRS § 515-3(7) An inquiry that asks us to do so will not be answered on its terms.

A person who believes they have been discriminated against in housing in Hawaii may complain to the Hawaii Civil Rights Commission or to the United States Department of Housing and Urban Development. HRS ch. 368 Nothing on this site limits that right.

Information published on this site is deemed reliable but is not guaranteed by the firm. Interior area, land area, bedroom and bathroom counts, year of construction, tax map key, zoning designation, subdivision, tenure, assessed value, real property tax, association and maintenance fees, view designations and flood and lava hazard designations are approximate, or are drawn from the seller, from the multiple listing service, or from county, state and federal records the firm neither maintains nor independently verifies.

Any party intending to rely on any of them must verify it independently, by inspection, survey, current title report, county record search or inquiry of the agency that holds the record, as the matter requires.

Availability, price, terms and status change frequently, and a page may be inaccurate between a change and our recording of it. The firm keeps this site current and corrects an error promptly on becoming aware of it. NAR SOP 12-8 If anything here is wrong, tell us at Contact@islandboutiquerealty.com.

Nothing on this site is an offer to sell or a solicitation of an offer to buy, and no listing published here is a binding representation of terms.

Every property published on this site is listed by Island Boutique Realty, Inc. The firm does not republish another brokerage's listings here, so no listing on this site requires attribution to another firm.

A leasehold property is identified by the word leasehold. Hawaii requires that of any medium in which a leasehold property is advertised for sale, and leasehold interests are common on this island. HAR § 16-99-11 Where a property's page and card do not say leasehold, the interest offered is fee simple.

The firm publishes no automated valuation estimate on this site, for any property.

Photographs on this site are resized and compressed for display on the web. Location data embedded by a camera is removed before publication.

In the resale of residential real property in Hawaii, the seller must provide the buyer with a written disclosure statement covering all material facts concerning the property that are within the seller's knowledge or control. HRS ch. 508D The buyer has a defined period in which to examine it and, in defined circumstances, to rescind.

That disclosure comes from the seller, not from this website and not from the firm. Nothing published here is a substitute for it, and no summary on this site should be read as one.

Certain transfers are exempt from the statutory disclosure regime. HRS § 508D-12(b) Whether an exemption applies to a particular transaction is a question for your attorney.

For a dwelling constructed before 1978, federal law requires the seller to disclose known lead-based paint and lead-based paint hazards, to provide any records and reports available, to give the buyer the federally approved pamphlet, and to allow the buyer a ten day period to conduct an inspection or risk assessment unless the parties agree otherwise in writing. 42 U.S.C. § 4852d; 24 C.F.R. §§ 35.92, 35.94

The year of construction shown on a listing page is drawn from county records and is approximate. Do not rely on it to decide whether these requirements apply; the question is determined in the transaction.

Hawaii requires a buyer to withhold a percentage of the amount realized on the sale of Hawaii real property by a nonresident seller, and to remit it to the Department of Taxation, unless an exemption or a waiver applies. HRS § 235-68 These provisions are commonly called HARPTA.

Federal law imposes a parallel obligation on the purchase of a United States real property interest from a foreign person. 26 U.S.C. § 1445 These provisions are commonly called FIRPTA.

Both place the obligation on the buyer, both carry penalties for failure, and both are matters for a tax professional and for escrow rather than for a real estate licensee. Nothing on this site is tax advice.

A condominium in Hawaii is governed by its declaration, bylaws, house rules and the statute, and a seller must provide the buyer with the documents the statute specifies, within the time it specifies. HRS ch. 514B Certain planned community associations are governed separately. HRS ch. 421J

A monthly fee shown on this site is the figure recorded on the listing at the time it was published. Fees change, special assessments are levied, reserves are studied and rules are amended. What binds you is the association's own current documents and its most recent financial statements, which you should obtain and read.

Where a listing shows no land area, that is generally because the land beneath a condominium is common element rather than an interest conveyed with the unit. It is not an omission.

The County of Hawaii requires all print and internet advertising of a short-term vacation rental, including a listing carried by a rental service or a real estate firm, to include the registration or nonconforming use certificate number. HCC § 25-4-16(c)(3) It further treats advertising that offers a property as a short-term vacation rental as prima facie evidence that one is being operated there, with the burden of showing otherwise resting on the owner. HCC § 25-4-16.2

A page on this site advertises a property for sale, not for rent. It offers the property to a buyer rather than the use to a guest, so neither provision above is triggered on its own terms. Where a seller has supplied a registration or nonconforming use certificate number, the firm publishes it on the property's page in any event, because a buyer weighing an income stream should be able to see it. Nothing on this site offers accommodation to a guest.

A nonconforming use certificate attaches to the property and to its existing permitted use. It does not automatically transfer to a buyer, and continued short-term rental use following a sale may require the buyer to apply in their own right, and may not be granted.

County regulation in this area has been changing, and effective dates and registration deadlines have moved. Confirm the current position with the County of Hawaii Planning Department before relying on short-term rental income in your figures. Neither this site nor your licensee can assure you that a use permitted today will be permitted after closing.

Where a listing page shows a flood zone or a lava hazard zone, that designation is reported from the seller's own disclosure and from public records. It is reported, not determined. The firm makes no flood determination and no lava hazard determination, and neither does this website.

The interactive map on our resources page is provided for general orientation only. The layers it draws are generalized public datasets compiled at regional scale and are not parcel specific. Nothing on it is a flood zone determination, a lava flow hazard determination, a zoning or land use verification, a boundary survey, or any representation as to insurability, financing, permitted use or development potential.

The underlying data is published by the State of Hawaii and by the Federal Emergency Management Agency, with the street basemap drawn from OpenStreetMap. The State publishes its data on these terms: “Information contained in these files is derived from public records that are constantly undergoing change and does not replace a site survey. The data and information are not warranted for content or accuracy. The State of Hawaii does not guarantee the positional or thematic accuracy of the GIS data.”

Flood zone designations are revised by the Federal Emergency Management Agency, and insurability and premium are determined by an insurer on the basis of an elevation certificate and the current effective map. Obtain both before you rely on either.

A real estate broker is a settlement service provider under the federal Real Estate Settlement Procedures Act. It is unlawful to give or to accept any fee, kickback or thing of value pursuant to an agreement or understanding that business incident to a settlement service will be referred, and the prohibition carries criminal as well as civil penalties. 12 C.F.R. § 1024.14

The firm does not accept payment for referring you to a lender, a title company, an escrow company, an inspector, a contractor or any other settlement service provider. Where a provider is named anywhere on this site it is for your convenience only. It is not a recommendation or an endorsement, no representation is made as to that provider's licensure, qualifications, availability or performance, and you are free to select any provider you choose. Should an affiliated business arrangement ever exist, it will be disclosed to you in writing at or before the time of referral, in the form the regulation prescribes, and you will not be required to use the affiliated provider. 12 C.F.R. § 1024.15

Real estate commissions are negotiable and are not set by law, by any multiple listing service, or by any association of brokers. Compensation to a broker representing a buyer is a matter of written agreement between that broker and the buyer.

REALTOR® is a federally registered collective membership mark of the National Association of REALTORS® and identifies a real estate professional who is a member of that association and subscribes to its Code of Ethics. It is not a synonym for a licensee, and it is used on this site only where it applies.

The Equal Housing Opportunity logo identifies the firm's commitment to the Fair Housing Act and to Hawaii's fair housing law. Both marks appear in the footer of every page of this site, alongside the firm's legal name and license number.

Nothing on this site is legal, tax, financial, engineering, environmental or insurance advice, and nothing on it creates a professional relationship of any kind. The statutes and rules summarized here are described in general terms to help you know what questions to ask; they are not reproduced in full, they change, and their application to your circumstances may differ.

A real estate licensee may not practice law, may not give tax advice, and may not interpret a public record for you. Consult an attorney, a certified public accountant, a licensed inspector, a surveyor or an insurer, as the matter requires. Where this site links to a public record, direct any question about it to the agency that maintains it.

If you have a concern about the firm or about any of its licensees, tell us first at Contact@islandboutiquerealty.com or through our contact page.

You may also complain to the Hawaii Real Estate Commission, part of the Department of Commerce and Consumer Affairs, which licenses and regulates real estate brokerages and salespersons in this State and receives complaints from the public. HRS ch. 467 Nothing on this site limits that right, restricts the time you have to exercise it, or requires you to come to us first.