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HI HB2444
Bill
Status
1/23/2014
Primary Sponsor
Mark Nakashima
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AI Summary
HB 2444 Summary
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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."
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Requires landlords to record lease-purchase agreements with the bureau of conveyances and provide tenants with file-marked copies before any payment is due.
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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.
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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.
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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