Real Estate

Legal Support for Real Property Sales and Purchases, both Residential and Commercial

Last updated on April 26, 2021

At the law firm of Emily A. Gardner, Attorney at Law, LLLC, we represent parties interested in selling or purchasing real estate in Hawaii without the use of a real estate brokerage firm or agent for a reasonable flat fee.

Our services include drafting all of the necessary contracts, addenda, mortgages and other documents needed to successfully close your sale, as well as coordinating all steps of the transaction with the escrow company of your choosing, from opening to recordation. As no marketing or sales services are provided, this service is best suited for those who have previously sold or purchased real estate, for sale by owner, and in cases where the parties involved in the transaction know one another or are related. The potential to save on real estate sales commissions is tremendous.

If you are working with a realtor, we are also available to review and provide legal advice regarding your prospective sale or purchase.

Real Property Transfers and Encumbrances: Mortgages, Easements and Encroachments

Hawaii is unique in that it has two statewide land recording systems – the Regular System and Land Court. Certain properties are recorded in the Land Court system, while others may be recorded in the Regular System, or in both systems.

Unlike many other states, the individual counties do not record property conveyance or encumbrance documents. In Hawaii, all real property conveyance and encumbrance documents are recorded at the State of Hawaii Bureau of Conveyances. The Bureau of Conveyances only records documents that meet the State of Hawaii’s recording requirements.

To ensure proper recordation of your real property conveyance, it is important to utilize the services of a licensed attorney.

Just as Hawaii is unique with its dual property recordation system, your Hawaii property is also unique, whether you own a residence, vacant lot, condominium, or timeshare. Should you need to transfer all of your interest in a particular property, transfer a partial interest, or attach an encumbrance such as a mortgage, grant of easement, or encroachment agreement, Emily Gardner will work with you to ensure the appropriate documentation is prepared and that it is tailored to meet your specific needs. We prepare:

  • Quitclaim deeds
  • Warranty deeds
  • Limited warranty deeds
  • Apartment deeds
  • Timeshare deeds
  • Assumption deeds
  • Mortgages, mortgage loan notes, release of mortgage
  • Grant of easement
  • Encroachment agreement

In addition to the services already mentioned above, we also provide the following services:

  • Drafting and review of commercial leases
  • Preparation of condominium property regime (CPR) documents
  • Review and analysis regarding the content and effect of condominium declaration, bylaw and house rule provisions  
  • Handle commercial-tenant matters

Work with an Experienced Real Estate Attorney

Call 808-727-1220 to schedule an appointment to discuss your real estate needs. You may also reach out to us conveniently online.