HI HB1749

Requires sellers to provide buyers with a cesspool disclosure form before executing a real estate purchase contract, beginning January 1, 2027.

Mandates the Department of Health and Real Estate Commission develop a standardized cesspool disclosure form by November 1, 2026.

The disclosure form must inform buyers whether the property has a cesspool, its location and priority level under the Hawaii Cesspool Prioritization Tool, and notify buyers that cesspools must be upgraded or connected to approved wastewater systems by January 1, 2050.

Establishes penalties for sellers who fail to provide the cesspool disclosure form, with a good faith exception for sellers who mistakenly conclude the property lacks a cesspool after examining relevant records.