§467-1  Definitions.  As used in this
chapter:



"Commission" means the real estate
commission of the State.



"Custodian or caretaker" means any
individual, who for compensation or valuable consideration, is employed as an
employee by a single owner and has the responsibility to manage or care for
that real property left in the individual's trust; provided that the term
"custodian" or "caretaker" shall not include any individual
who leases or offers to lease, or rents or offers to rent, any real estate for more
than a single owner; provided further that a single owner shall not include an
association of owners of a condominium, cooperative, or planned unit
development.



"Hotel" includes a structure or
structures used primarily for the business of providing transient lodging for
periods of less than thirty days and which furnishes customary hotel services
including but not limited to front desk, restaurant, daily maid and linen
service, bell service, or telephone switchboard; provided that for the purposes
of this chapter, apartments or units in a project as defined by section 514A-3
or 514B-3 that provide customary hotel services shall be excluded from the
definition of hotel.  The definition of hotel as set forth in this section
shall be in addition to and supplement the definition of "hotel" as
set forth in the various county ordinances.



"Real estate" means and includes
lands, the improvements thereon, leaseholds, and all other interests in real
property.  It shall be immaterial that a transaction also involves property
other than real estate, as for example a transaction for the sale of an ongoing
business, an asset of which consists of a leasehold or other interest in real
property.  In such a case, to the extent that real estate is involved, it shall
be considered a real estate transaction for the purpose of this definition.



"Real estate broker" means any person
who, for compensation or a valuable consideration, sells or offers to sell,
buys or offers to buy, or negotiates the purchase or sale or exchange of real
estate, or lists, or solicits for prospective purchasers, or who leases or
offers to lease, or rents or offers to rent, or manages or offers to manage,
any real estate, or the improvements thereon, for others, as a whole or partial
vocation; or who secures, receives, takes, or accepts, and sells or offers to
sell, any option on real estate without the exercise by the person of the
option and for the purpose or as a means of evading the licensing requirement
of this chapter.



"Real estate salesperson" means any
individual who, for a compensation or valuable consideration, is employed
either directly or indirectly by a real estate broker, or is an independent
contractor in association with a real estate broker, to sell or offer to sell,
buy or offer to buy, or list, or solicit for prospective purchasers, or who
leases or offers to lease, or rents or offers to rent, or manages or offers to
manage, any real estate, or the improvements thereon, for others as a whole or
partial vocation; or who secures, receives, takes, or accepts, and sells or
offers to sell, any option on real estate without the exercise by the
individual of the option and for the purpose or as a means of evading the
licensing requirements of this chapter.  Every real estate salesperson shall be
under the direction of a real estate broker for all real estate transactions.
[L 1933, c 140, §1; RL 1935, §7310; am L 1935, c 126, §§1, 2; am L 1941, c 205,
pt of §1; RL 1945, §7731; am L 1949, c 277, §1; am L 1953, c 252, §1; RL 1955,
§170-1; am L 1961, c 154, §1; HRS §467-1; am L 1974, c 141, §1; am L 1977, c
197, §1(2); am L 1985, c 141, §2; gen ch 1985; am L 1988, c 145, §1; am L 1989,
c 217, §2; am L 1994, c 100, §1; am L 1995, c 241, §1; am L 1997, c 289, §2; am
L 1999, c 47, §4 and c 240, §10; am L 2004, c 164, §13; am L 2008, c 28, §10]



 



Cross References



 



  Discrimination in real estate transactions, see chapter 515.



  Uniform land sales practices act, see chapter 484.



 



Case Notes



 



  Whether party was engaged in real estate broker activities was
a question of fact.  692 F. Supp. 1239.



  Broker's rights to compensation.  47 H. 220, 386 P.2d 855.



  Evidences legislative intent to regulate
"middlemen".  68 H. 371, 715 P.2d 805.