A Maui real estate attorney is a legal professional who helps clients navigate property transactions, contracts, disputes, and development projects under Hawaii’s state property laws.
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Wailea Law LLLC is a Maui-based law firm that advises on Hawaii’s unique real estate laws. We help residential and commercial clients with real estate matters, including private sales and agreements of sale, real estate development, CPR formation, transfer deeds, timeshare deeds, financing, zoning, and covenant or easement issues.
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It is crucial to have a legal team with local knowledge of Hawaii’s real property system, as Hawaii uses a unique dual land title system. Hawaii land transactions also often have complex title, property line and ownership history issues.
Talk To a Maui Real Estate Attorney for Deeds and Property Transfers in Hawaii
A deed is a written instrument that conveys title to real property. In other words, it is a legal document that determines who owns what. To be valid, a deed must include the intent to convey property, a legal description of the property, and the signature and acknowledgement of the grantor. Several states offer statutory deed forms for various types of deeds, but this is not the case in Hawaii. The State of Hawaii Bureau of Conveyances recommends working with an attorney to ensure documents are properly prepared, as Hawaii does not offer statutory or standard form deeds.​Not all deeds are created equally. When a grantor wishes to accomplish specific objectives or limit liability, the type of deed and careful wording crafted by a competent real estate attorney are critical. Our attorneys have extensive experience crafting and recording deeds to meet clients’ requirements in a range of different circumstances.​It is important to consult with an Maui real estate attorney about the type and content of the deed to achieve the desired result in a real estate transaction.
Handle Private Real Estate Transfers with a Maui Legal Expert
A private transfer of real property occurs when real estate is transferred without a realtor or without a traditional sale transaction. This often occurs where property is gifted, passed down, or sold between family members or friends.Our team of real estate lawyers on Maui can assist with private transfers of real property by drafting or reviewing the necessary transfer documents, and by ensuring that the transaction runs smoothly. We will work with you to ensure that you and the other parties achieve what you are setting out to do. Our attorneys have the experience and knowledge to ensure that the property transfer is properly structured and that your rights are protected.
Hire Legal Support for Timeshare Transfers in Maui
and Hawaii
Timeshares are common means of holding property in Hawaii, especially on Maui. In fact, Maui is the Hawaiian Island with the most timeshare resorts.Though timeshares can make ownership convenient, they are typically complicated to sell or transfer. Timeshare transfers come with many potential pitfalls, including: incomplete documentation, outstanding fees, liens or assessments, transfer fees, and compliance with state and local regulations.​We have helped many clients successfully transfer their timeshare interests, and our focus is on making the process as simple and seamless as possible. Our experienced counsel can help you to navigate your timeshare agreements on Maui and to transfer your timeshare interests with minimal hassle.
Understand Agreement of Sale with a Maui Real Estate Attorney
An Agreement of Sale in Hawaii is a real estate financing method where the buyer agrees to make payments directly to the seller over time, while the seller retains legal title until the purchase price is paid in full. This type of seller financing is often used when traditional bank loans are not feasible. During the contract period, the buyer holds equitable title and is responsible for property taxes, maintenance, and insurance. Once the final payment is made, the seller conveys full legal title via deed. These agreements must be recorded and comply with Hawaii real estate and consumer protection laws.​We can help you secure Hawaii real estate through an Agreement of Sale that will be attorney-drafted, compliant, and tailored to protect your investment and rights.
Review Mortgages, Loans, and Liens with a Maui Real Estate Lawyer
Our Maui real estate legal team has extensive experience in reviewing and drafting mortgage and lending documents. We can draft and help you to review mortgage, loan and lien documents and other agreements to ensure the terms are fair and that everything is recorded properly.
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Seller Financing / Private Sales: Get Legal Guidance on Maui Transactions
Real property in Hawaii can legally be sold using owner or seller financing. Owner or seller financing occurs when the property seller acts as the lender by providing financing to the buyer. The buyer typically makes a down payment and pays off the balance in installments to the seller.​Owner financing is relatively common in Hawaii and can be a helpful tool in securing a deal. The process can potentially eliminate the need for appraisals and inspections, and can replace a traditional mortgage from a bank.
Owner or seller financing is commonly used when the buyer has difficulty qualifying for a traditional loan, or where the seller prefers to receive income through payments over time or for tax reasons. ​Owner or seller financing can offer sellers a passive income stream, and can offer potential tax benefits.
Owner financing can also allow for a faster closing process, as it eliminates the need for loan underwriting by a traditional lender or bank. Terms in a seller financing deal can be flexible, and the parties are free to negotiate conditions and terms that work best for them.​In an owner-financed transaction on Maui or elsewhere in Hawaii, we work to ensure that title is properly transferred, and that the payment obligations and security are properly set out.​It is imperative that both seller and buyer consult with a real estate attorney when considering a contract that calls for owner or seller financing.
We Help Out-of-State Clients with Real Estate Transactions on Maui
Out-of-state clients benefit from our remote-friendly approach. We guide you through every step of the transaction without the need to travel. Our team can draft, notarize, and record documents efficiently, coordinate with title companies and escrow agents, and ensure that your Hawaii real estate interests are fully protected - wherever you are.
Contract Review by a Trusted Maui Real Estate Lawyer
Our firm routinely reviews a variety of real estate contracts including residential and commercial sales and lease contracts. Even in a friendly deal, obtaining independent legal advice or an independent contract review can save time and money down the road. We can work with you to ensure that you thoroughly understand your agreement, and that the documents correspond to the deal as you understand it. Our team of skilled drafters and negotiators can review agreements for ambiguous or unfair terms and can work with opposing counsel to make sure that you are actually getting what you bargained for.
Speak With a Maui Real Estate Attorney Today
Our team of Maui real estate attorneys combine deep local knowledge with proven experience to protect your interests and help your transactions go smoothly.
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Contact us today to schedule a consultation and get clear, confident legal guidance for your real estate needs.