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HI HB2444

Bill

Status

Introduced

1/23/2014

Primary Sponsor

Mark Nakashima

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

HB 2444 Summary

  • Creates a new regulatory framework for lease-purchase agreements for real property by adding Part to Chapter 481 of Hawaii Revised Statutes, defining key terms including "lease-purchase agreement," "landlord," "tenant," and "consummation."

  • Requires landlords to record lease-purchase agreements with the bureau of conveyances and provide tenants with file-marked copies before any payment is due.

  • Mandates landlord disclosure of property description, payment schedule, total acquisition cost, ownership contingencies, maintenance responsibilities, and any mortgages or liens in writing using at least 10-point type with contrasting colors.

  • Requires advertisements referencing lease-purchase agreements to clearly disclose that it is a lease-purchase transaction, state the total payments needed for ownership, and clarify that tenants acquire no ownership rights if full payment is not made.

  • Allows tenants to sue for actual damages, counterclaim against landlords, and recover costs and reasonable attorney's fees for violations; establishes violations as unfair or deceptive practices; permits courts to refuse enforcement of unconscionable agreements.

Legislative Description

Trade Regulation and Practice; Real Property; Lease-Purchase Agreements

Last Action

The committee(s) on CPC recommend(s) that the measure be deferred.

2/5/2014

Committee Referrals

Consumer Protection & Commerce1/27/2014

Full Bill Text

No bill text available