HRS §508D-16
Buyer's options when seller breaks disclosure rules
If a seller fails to follow the disclosure law, the buyer can still choose to buy the property. After the sale is recorded, the buyer cannot cancel the contract. If the buyer gets a proper disclosure statement and cancels, they get deposits back but no extra money. A negligent seller may owe actual damages, and courts can award fees.
buyersspouses
The statute, as written — Remedies; voidable contracts
(a) A buyer may elect to complete the purchase of residential real property even if the seller fails to comply with the requirements of this chapter. After recordation of the sale of residential real property, a buyer shall have no right under this chapter to rescind the real estate purchase contract despite the seller's failure to comply with the requirements of this chapter. (b) When the buyer is provided a disclosure statement prepared and delivered in accordance with this chapter and the buyer decides to rescind the real estate purchase contract, the buyer shall not be entitled to any damages but shall be entitled to the immediate return of all deposits. (c) In addition to the rights of rescission granted to the buyer under this chapter, when the seller negligently fails to provide the disclosure statement required by this chapter, the seller shall be liable to the buyer for the amount of the actual damages, if any, suffered as a result of the seller's negligence. (d) In addition to the remedies allowed under subsection (b) or (c), a court may also award the prevailing party attorney's fees, court costs, and administrative fees.
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