HI SB2861

Makes exclusive listing agreements for residential real property void and unenforceable if they last longer than 12 months, purport to bind future owners, allow assignment without owner consent, or create liens or encumbrances on the property.

Prohibits recording or filing exclusive listing agreements of any duration with the Bureau of Conveyances, including any memoranda or notices related to such agreements.

Declares violations of these prohibitions to be unfair or deceptive practices subject to Chapter 480 consumer protection laws.

Allows persons with interests in affected real property to recover damages, costs, and attorney's fees from the service provider, with no offset for consideration previously paid.

Takes effect November 1, 2024.