Bill Text: HI SB2861 | 2024 | Regular Session | Amended

Hawaii Senate Bill 2861

Bill Title: Relating To Exclusive Listing Agreements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-04-26 - Forty-eight (48) hours notice Wednesday 05-01-24. [SB2861 Detail]

Download: Hawaii-2024-SB2861-Amended.html

THE SENATE	S.B. NO.	2861
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EXCLUSIVE LISTING AGREEMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. This Act shall be known, and may be cited, as the Exclusive Listing Agreements Act.

SECTION 2. The legislature finds that long-term exclusive listing agreements, and the recording of exclusive listing agreements, unfairly encumbers a property owner's title, reduces their equity, and has an anti-competitive effect on the sale of real property.

Accordingly, the purpose of this Act is to:

(1) Establish as void and unenforceable under state law that governs unfair and deceptive practices, certain exclusive listing agreements for the sale of residential real property, including exclusive listing agreements that last longer than twelve months;

(2) Prohibit the recording of exclusive listing agreements of any duration for the sale of residential real property or any memoranda or notice of an exclusive listing agreement with the bureau of conveyances;

(3) Establish that exclusive listing agreements made or presented for recording or filing with the bureau of conveyances in violation of this Act shall not be enforceable, have any legal effect, or provide actual or constructive notice to any person interested in the residential real property identified in the exclusive listing agreement, or operate as a lien, encumbrance, or security interest; and

(4) Establish certain remedies.

SECTION 3. Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§481B- Exclusive listing agreements; prohibited. (a) An exclusive listing agreement is void and unenforceable under this chapter if the agreement:

(1) Lasts longer than twelve months from the date the agreement was made;

(2) Purports to run with the land or be binding on future owners of interests in the real property;

(3) Allows for assignment of the right to provide services without notice to and the consent of the owner of the residential real property; or

(4) Purports to create a lien, encumbrance, or other real property security interest.

(b) It is unlawful to present for recording or filing, or otherwise attempt to record to file, with the bureau of conveyances an exclusive listing agreement of any duration or any memoranda or notice of an exclusive listing agreement.

(c) It is unlawful to enforce, or attempt to enforce, an exclusive listing agreement that is made, or that is presented for recording or filing with the bureau of conveyances, in violation of this section.

(d) An exclusive listing agreement that is made or presented for recording or filing with the bureau of conveyances in violation of this section shall not be enforceable, have any legal effect, or provide actual or constructive notice to any person interested in the residential real property that is identified in the exclusive listing agreement.

(e) An exclusive listing agreement that is made or is presented for recording or filing with the bureau of conveyances in violation of this section shall not operate as a lien, encumbrance, or security interest.

(f) No owner or buyer shall be required to record any document to remove an exclusive listing agreement that is made or is presented for recording or filing with the bureau of conveyances in violation of this section.

(g) If an exclusive listing agreement, notice, or memorandum of the agreement is recorded in violation of this section, then a person with an interest in the real property that is subject to the agreement may apply to a court of competent jurisdiction in the county where the real property is located to record a court order declaring the agreement, notice, or memorandum of agreement void and unenforceable.

(h) A violation of this section shall be deemed an unfair or deceptive practice in accordance with section 480-2, and shall be subject to the provisions of chapter 480, as well as the provisions of this chapter.

(i) In addition to any other rights provided by law, any person with an interest in real property identified by a recording that is void and unenforceable under subsection (a) may recover damages, costs, and attorney's fees that may be proved against the service provider named in the void exclusive listing agreement. Any actual damages, costs, and attorney's fees that are proved against the service provider shall not be offset by the consideration paid by the service provider to the owner of the real property.

(j) A service provider has no right to a refund of the consideration paid to the owner in connection with a void exclusive listing agreement.

(k) For the purposes of this section:

"Exclusive listing agreement" means a contract or agreement providing an exclusive right to list or sell residential real property, including a contract or agreement to enter into an agreement or arrangement.

"Residential real property" means real property located in the State that is used primarily for personal, family, or household purposes and consists of one to four dwelling units.

"Service provider" means a legal person, including an entity or organization, who provides a service related to real property, including a real estate broker or real estate salesperson. For purposes of this definition, "real estate broker" and "real estate salesperson" have the same meaning as defined in section 467-1."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2040.

Report Title:

Exclusive Listing Agreements; Residential Real Property; Prohibitions; Bureau of Conveyances; Unfair or Deceptive Practices; Remedies

Description:

Establishes as void and enforceable under state law that governs unfair and deceptive practices, certain exclusive listing agreements for the sale of residential real property. Prohibits the recording of exclusive listing agreements of any duration for the sale of residential real estate with the Bureau of Conveyances. Establishes that certain exclusive listing agreements shall not be enforceable, have any legal effect, or provide actual or constructive notice, or operate as a lien, encumbrance, or security interest. Establishes certain remedies. Takes effect 7/1/2040. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.