§508D-7  Seller's agent's duties and
responsibilities for disclosure.  (a)  Any person or entity acting in the
capacity of an escrow agent for the sale of residential real property subject
to this chapter, shall not be deemed the agent of the seller or buyer for
purposes of the disclosure requirements of this chapter unless the seller or
buyer and the escrow agent agree in writing to the establishment of the agency
for such purpose.



(b)  When a seller's agent cannot obtain the
disclosure statement and does not have written assurances from the buyer that
the disclosure statement was received, the seller's agent shall notify the
buyer in writing of the buyer's rights to the disclosure statement and rights
of rescission provided by this chapter.  However, the seller's agent shall not
be required to prepare the disclosure statement.  The seller's agent
responsible for delivering the disclosure statement, or the aforesaid written
notification of the buyer's rights if applicable, shall maintain a record of
the action taken by that agent to effect compliance.



(c)  If the seller's agent is or becomes aware
of any material facts inconsistent with or contradictory to the disclosure
statement or the inspection report of a third party provided by the seller, the
seller's agent shall disclose these facts to the seller, the buyer, and the
buyer's agent.  Nothing in this chapter precludes all other obligations of the
seller's or the buyer's agent under Hawaii law. [L 1994, c 214, pt of §2; am L
1996, c 161, §7; am L 2001, c 224, §4]