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Seller's FAQ's

Seller Questions:

How do I make my property more marketable?
Once we accept an offer and we open escrow, how long before we close?
Is a survey necessary?
How do I calculate closing costs?
If I have a tenant when do I have to tell them the house is sold?
Please define HARPTA & FIRPTA?

Seller Answers:

How do I make my property more marketable?
When a property is well-maintained and is kept clean, a Buyer will find it more attractive and it brings the best price. Your agent will be able to help you identify specific issues that should be taken care of before you put your property on the market.

In the meantime, there are some very simple basic things you can do to help get a better price for your property. Start by looking at your property through a Buyer's eyes: remove unnecessary clutter and stored items, spruce up the front entry, get the lawn mowed and the landscaping in good shape, and re-paint where needed. This will make a prospective Buyer's first impression a positive one. We have some really good suggestions under the Seller's menu, click on "Increase the Value of your Home" to view them.

If you are unable to take on the expense of major repairs prior to listing your property, the reality is, that you’ll receive a somewhat lower price and you should adjust your asking price accordingly. But that isn't necessarily going to hurt you. Some Buyers look specifically for properties where they can do the repairs and fixing-up themselves, rather than paying top dollar so don't be discouraged if you can't do everything you'd like to bring the property to mint condition. Your Buyer may be looking for exactly what you have to offer.


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Once we accept an offer and we open escrow, how long before we close?
There really is no such thing as a "normal" escrow. Closing is usually around 45 and 60 days. Each property and each sale are unique. If there are time-consuming conditions to the contract, it will take that much longer to close and record the transaction. For example: the loan process for Buyers may take longer than 60 days; appraisers, surveyors or fumigation companies may be backed up and unable to complete their job in the time allotted. We recommend that you discuss this matter with your broker when you are considering offers from Buyers, especially if "time is of the essence" and you must meet deadlines of your own outside of escrow, such as relocating or purchasing another property.


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Is a survey necessary?
Surveys are a standard part of every real estate sale. They protect the Buyer's interest by defining the exact position and size of the property they are buying and assuring them that there are no encroachments or boundary problems. The survey is conducted early so that, should problems arise, they can be resolved in a timely manner and not unnecessarily delay the close of escrow.


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How do I calculate closing costs?
A good rule of thumb is 2% of the purchase price. The items usually paid by the Buyer and by the Seller are listed in the standard terms of the sales contract.

Additional items may be negotiated as special terms of the contract. Individual situations can differ substantially, depending upon variables such as the level of market activity, the condition of your property and your motivation to sell. Your agent will give you a fairly close estimate and will work to make sure you are paying a fair price for the services provided.


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If I have a tenant, when do I have to tell them the house is sold?
If your tenant is on a month-to-month lease, you are required by the Hawaii Landlord Tenant Code to give 45 days' notice to vacate. Once notice is given, the tenant may vacate at any time prior to the 45th day, without penalty. Therefore, you'll want to time your Notice to Vacate carefully or you may find yourself missing the rental income you had expected. This gets especially tricky when closing is delayed and the property is sitting vacant.

If your tenants occupy the property under a fixed lease, the lease expires on the date specified, regardless of who owns the property. A fixed lease survives escrow and the Buyer of your property must honor the terms of the lease until it expires. Clearly this is a fact that requires early and full disclosure to prospective Buyers.

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Please define FIRPTA and the HARPTA tax?
FIRPTA (Foreign Investment in Real Property Tax) and HARPTA (Hawaii Real Property Tax Act) relate to tax payments due from Sellers who are not residents of the United States or of Hawaii, respectively.

FIRPTA "requires that if the Seller is a foreign person, the Buyer must withhold 10% of the amount realized by the Seller to cover any Seller tax liability. Residences below $300,000 that are going to be occupied by the Buyer are exempt from this provision."

HARPTA "requires every Buyer of Hawaii real property to deduct and withhold from the non-resident Seller's proceeds, 5% of the gross amount realized on the sale to be applied to any Hawaii income tax due from the Seller with regards to the sale of the property. A Buyer would be exempted from this requirement if the Seller furnishes the Buyer with an affidavit stating that the Seller is a resident (includes resident aliens), together with his taxpayers identification number. Because of the strict deadlines and penalties associated with these laws, your agent and your escrow company will make sure you are fully compliant.


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