Hawaii Exam Questions with 100% Correct Answers | Verified | Latest Update

Upon payment of the final installment due under the contract. An agreement of sale involves seller financing in which the vendor (seller) promises to give the vendee (purchaser) legal title to the property upon receipt of the final payment. If a purchase money mortgage were used, the seller would give the buyer a deed at closing, even though he has not received full payment for the property. - ANSWhen does a purchaser of property under an agreement of sale receive legal title to the property? Oahu =1 Maui =2 Hawaii = 3 Kauai = 4 - ANSWhat are the division numbers for Hawaii? division, zone , section , plat, parcel - ANSWhat is the order of the tax map key numbers? A tax map is not intended to show present owners. It contains the name and tenancy of the owner at the time the map was drawn (i.e., the original owner); easements; abutting parcels; abutting streets; dimensions; and the square footage (written within the boundaries drawn on the map). The parcel number is double underlined in bottom left; and the developer's lot number is circled in the upper right corner of the lot. - ANSA tax map contains all of the following information EXCEPT should consult an attorney to determine his options. When there has been open adverse use of a person's property, the adverse user may be entitled to claim an easement by prescription. He should consult an attorney to see if he has satisfied all requirements for such an easement. - ANSProperty owner W had been using a road over his neighbor's property without authorization for a number of years. After the neighbor sells the property, the new owner puts up a fence to prevent the owner from continuing his adverse use. Property owner W Oahu is Division 1.There are four tax divisions in Hawaii. Oahu is Division 1. When researching parcels using the tax map key number system, no division number is shown in the tax key number. - ANSIn the tax key numbering system, the division number refers to the tax division. Which of the following is true of the State of Hawaii tax divisions? A parent and their child. Reciprocal beneficiaries are persons who are prohibited from marrying each other, such as a parent and child, and have registered a declaration of their relationship with the Department of Health. - ANSWhich of the following may register as reciprocal beneficiaries? Division# (I)-Zone# (Z)-Section# (S)-Plat# (PPP)-Parcel# (ppp)-CPR# (CCCC) Tax map key numbers are assigned in a parcel number format: Division# (I)-Zone# (Z)-Section# (S)-Plat# (PPP)- Parcel# (ppp)-CPR# (CCCC). A colon within a dash indicates multiple parcels (e.g., 1-2-4-6-1:45 would refer to parcel numbers 1 through 45 on Oahu, in Zone 2, Section 4, Plat 6). In researching parcels using tax map key numbers, the division number will not be shown, the zone and section numbers will both be one-digit numbers, the plat and parcel numbers will both be three-digit numbers and any CPR number will be a four-digit number. To get information about parcel 1-4-3-12-4 at Honolulu's planning department, enter , adding 0 in front of the plat number (12) and 00 in front of the parcel number (4) to make both three-digit numbers - ANSTax may key numbers are assigned in which parcel number format? and is then referred to as a file plan. When a tract of land is divided for building sites, a surveyor will divide the property into blocks, lots and parcels and give each lot and block a number. A subdivision plat is then recorded at the Bureau of Conveyances in a plat book, which is a public record of subdivisions and maps and available for public inspection. The subdivision plats are frequently used as part of the legal description of a property. A recorded plat is now called a file plan. - ANSA subdivision plat is recorded at the Bureau of Conveyances In the regular system, deeds are recorded. Under the Regular System, documents relating to ownership and leaseholds are recorded. In the Land Court, certificates of title and deeds and encumbrances relating to fee simple ownership (NOT leaseholds) are registered. In the Land Court, a title search will only go back to the last registration. - ANSWhich of the following is true of the Land Court and the Regular System of recording documents? A deed can't be recorded unless a conveyance tax certificate or exception from conveyance tax is filed. Nonpayment of the tax does not affect the validity of the deed but does prevent its recording. A deed cannot be recorded unless a conveyance tax certificate or exception from conveyance tax is filed. The tax must be paid within 90 days of the transfer. There are a number of transactions where no conveyance tax is due, including devisees' deeds, gift deeds, transfers under the laws of descent, transfers of interests upon death of a joint owner and conveyances with consideration of less than $100. - ANSWhich of the following is true regarding the conveyance tax? commercial lease for five or more years.A conveyance tax must be paid in order to record an agreement of sale, lease option or commercial lease of five or more years or any other property transfer. Transactions excluded from the requirement to pay the conveyance tax include a devisee's deed, a gift deed, a transfer under the laws of descent, a transfer upon death of a joint owner and a conveyance with consideration of $100 or less. - ANSA conveyance tax must be paid at the time of recording a(n) ahupua'a. Under Hawaii's historical land ownership rules, land was divided into pie-shaped pieces that went from the mountain top to the shore. These wedges were called "ahupua'a." They were thought to provide everything a person may need to survive. Smaller divisions called "ili", either stand alone, or within an ahupua'a. - ANSWedges of land divided into pie-shaped pieces that went from the mountain top to the shore are called Dower gives the wife an inchoate right to a portion of her husband's estate upon his death. The concepts of dower and curtesy were developed in order to provide a spouse who did not share ownership of the property with a means of support after the death of the spouse who owned the property. Dower and curtesy applies to property acquired by a married couple on or before July 1, 1977. Both dower and curtesy provide that the surviving spouse is entitled to a one-third life estate in the property owned during the marriage by the deceased spouse. Dower is the right of the wife to a life estate in the deceased husband's property. Curtesy is the right of the husband to a life estate in the deceased wife's property provided the couple had at least one child. During their lifetimes, the wife is said to have an inchoate right (i.e., an expected right) to the estate upon the husband's death. - ANSWhich of the following is true of dower and curtesy in Hawaii? Mining leases are issued by the Department of Land and Natural Resources on a royalty basis. - ANSIn Hawaii, which of the following is true of mineral rights? Once a plan is recorded, it is called a file plan. It would be recorded at the Bureau of Conveyances in plat books. - ANSA recorded plat is now called a(n) filed in the Bureau of Conveyances in the state capital, Honolulu. - ANSMaps, surveys and documents concerning Hawaii real property are It replaced dower and curtesy. The elective share system replaced dower and curtesy. It allows a surviving spouse or surviving reciprocal beneficiary to make a claim ranging from 3% to 50% of the deceased person's estate that is based on the length of the marriage or period since registration of a reciprocal beneficiary relationship. The maximum that can be claimed, after a relationship of 15 years or more, is 50%. - ANSWhich of the following is true of the elective share concept? reciprocal beneficiaries or married couples only. - ANSIn Hawaii, property may be held as tenants by the entirety by are due in two installments.Property taxes become a lien on property on July 1 and may be paid to the county Finance Director in two equal installments. The property tax is considered delinquent if it is not paid by the due date for each installment. The assessed value is 100% of fair market value, NOT the purchase price. - ANS(2) Property taxes in Hawaii 45 days from completion of work. It will be effective back on the date there was visible commencement of operations. - ANS(2) A mechanic's lien may be filed no later than Urban. The Urban District includes lands having "city-like" concentrations of people, structures and services. Hotels are in this classification, as well as vacant areas for future development. - ANS(2) The classification of land use for a hotel under the Land Use Law would be a felony punishable with a fine of up to $250,000 and/or up to 2 years in prison. A person that willfully violates the Uniform Land Sales Practices Act (ULSPA) is guilty of felony and would be subject to a fine of at least $5,000 or double the amount of gain from the transaction, whichever is the larger, up to a maximum of $250,000 and/or imprisoned for not more than 2 years. - ANS(2) A violation of the ULSPA is An SMA is a Special Management Area. This is an area extending a minimum of 100 yards inland from the shoreline vegetation or debris line. County governments regulate development in the geographically designated SMAs and, through the SMA permit systems, assess and regulate development proposals in the SMA for compliance with the coastal zone management objectives and policies and SMA guidelines. Each county draws the SMA boundary to include areas where development needs to be managed to protect coastal resources. - ANS(2) An SMA is a the boundary for privately owned property along the ocean. The shoreline in Hawaii is recognized as a zone, rather than a line. The State of Hawaii retains title to the beach. The high wash of the waves, evidenced by the growth of vegetation and deposited debris is referred to as the vegetation line) and normally marks the boundary between public and private property. The most common setback is 40 feet from the shoreline boundary, although this distance can vary and must be verified. - ANS(2) The vegetation line refers to 1200. In Hawaii, the taxes are assessed on land as well as on improvements. There are certain exemptions from the property tax, however. As long as a Hawaiian homeowner resides in his home for longer than nine months of each year, the homeowner may receive the basic homeowner exemption (i.e., reduction on the tax to be paid). The maximum exemption in Honolulu is $80,000. In this case, taking the exemption into account, the tax owed is $1,200 ($160,000 - $80,000 = $80,000; $15 per thousand (.015) x $80,000 = $1,200). - ANS(2) A home has land with a value of $60,000 and a home valued at $100,000. Taking into account the basic $80,000 exemption and a tax rate of $15 per thousand, the tax owed is 3. If the property tax is three years delinquent, the property may be foreclosed and sold at a public auction. - ANS(2) Property may be foreclosed and sold at a public auction if the property tax is delinquent for consisting of 25 separate lots, parcels, units or interests in subdivided lands, by a person in a 12 month period. Dispositions of an interest in land that are exempt from the Uniform Land Sales Practices Act include dispositions by a purchaser of subdivided lands for his own account in a single or isolated transaction; on which there is a residential, commercial or industrial building; where there is a legal obligation on the part of the seller to construct a building on the land within two years from the date of disposition; to persons engaged in the construction of buildings for resale; pursuant to court order; by any government or government agency; which will be cemetery lots; registered as a condominium property regime; in subdivisions of less than 20 lots, parcels, units or interests, if the developer has provided or posted bond for road access, sewage disposal, water and other public utilities; or consisting - ANS(2) The Uniform Land Sales Practices Act applies to dispositions of an interest in land the rights of traditional gatherers (native Hawaiians). In the PASH ruling, rights of native Hawaiians to have access to undeveloped private property were upheld, so traditional gatherers may have some influence on the developer's right to develop the land. The court ruled that PASH could challenge development permits by way of contested case hearings before the County Commission of the island of Hawaii. - ANS(2) In the development of land, the developer must be made aware of The effective date of the lien will be the actual time there was visible commencement of the operations for the improvements. A mechanic's lien must be filed within 45 days of completion of the work. The contractor has three months from filing to commence a lawsuit to foreclose. The effective date of the lien will be the actual time there was visible commencement of the operations for the improvements. - ANS(2) In Hawaii, a contractor who is not paid for his work on real property can file a mechanic's lien. Which of the following is true of such a lien? file promotional material with the Director of the Department of Commerce and Consumer Affairs at least 7 days prior to its use.The ULSPA requires a person must register a subdivision with the state. Failure to do so will result in disciplinary action - ANS(2) Under the Uniform Land Sales Practices Act, a developer who wants to market his land in Hawaii must the terms and provisions of sale. An application for registration must include a current financial statement of the subdivider; a statement that the subdivider has not been convicted of a crime involving land dispositions or any aspect of land sales business within the past 10 years; a letter of preliminary and/or final subdivision approval from the county or other appropriate jurisdictions; the name, address and phone number of the subdivider's representative or real estate agent in Hawaii; and a description of a road maintenance fund or any other maintenance fund that may have been established by the developer. The terms and provisions of the sale do not need to be included in the registration application. - ANS(2) An application for the registration of a subdivision must include each of the following EXCEPT the right to rescind the purchase contract within 30 days after signing it. The proposed public offering statement submitted to the Director discloses all physical characteristics and material circumstances affecting the land and title. With the statement, a purchaser must be given a separate notice of a seven-day right to rescind. That information is NOT included in the public offering statement itself. - ANS(2) All of the following must be included in the proposed public offering submitted to the Director of the Department of Commerce and Consumer Affairs EXCEPT State of Hawaii. - ANS(2) When lava flows into the ocean adding acreage to a piece of property the new ocean front property belongs to the 3 months. Once the court finds there is probable cause for the mechanic's lien, it will order the lien attached to the property. The lien expires in three months; therefore, a lawsuit must be filed within that time frame in order to enforce the lien. - ANS(2) After filing a mechanic's lien, a contractor has how long to commence a lawsuit to foreclose? Conservation. The Land Use Law established land use management guidelines and classified land in Hawaii into the following categories: urban, rural, agricultural or conservation. - ANS(2) Under Hawaii's Land Use Law, land is classified into four categories. One category of land is real estate subdivisions located in Arizona, offered for sale in Arizona and purchased by a resident of Hawaii. The Uniform Land Sales Practices Act applies to all real estate subdivisions located in the state or located elsewhere and offered for sale in Hawaii where land is divided or proposed to be divided into two or more lots, parcels, units or interests, and any land, whether contiguous or not, if two or more lots, parcels, units or interests are offered as a part of a common promotional plan of advertising and sale. - ANS(2) The Uniform Land Sales Practices Act requires registration of a subdivision with the state. This law applies to all of the following EXCEPT the vegetation(debris) line - ANS(2) The boundary between shore lands and publicly owned lands is use the public offering statement for promotional purposes.The public offering statement may be used for promotional purposes only after registration of the subdivided lands and if it is used in its entirety. No portion of the statement, except for headings, may be underscored, italicized or printed in larger or heavier type or in a different color than the remainder of the statement, unless the Director requires it. - ANS(3) In the sale of land subject to the Uniform Land Sales Practices Act, the subdivider may the vegetation line - ANS(3) The ocean boundary of property in Hawaii is defined by 67% - ANS(3) A vote to amend the bylaws of a cooperative requires approval of what percent or fraction of the shareholders? a physical or spatial portion of the condominium designated for separate ownership or occupancy. A unit or apartment is a physical or spatial portion of the condominium designated for separate ownership or occupancy. Its boundaries (the walls, floors and ceilings) are described in the declaration, and the unit has an exit to a public road or to a common element leading to a public road. - ANS(3) A condominium unit is defined as the owners of the units in the condominium in the form of undivided percentage interest. A condominium is real estate, portions of which are designated for separate ownership (the units) and the remainder of which is designated for common ownership solely by the owners of those unit portions. - ANS(3) The Wailea condominium has tennis courts, a large parking lot and a swimming pool. These common elements, under the terms of a typical condominium arrangement, are owned by The developer must return purchaser funds within 15 business days of the receipt of the notice of cancellation. - ANS(3) If a time share developer receives a notice of cancellation and a refund is requested, how many days does he have to make the refund before it constitutes an unfair or deceptive practice? The grantor and grantee, jointly and severally. When a condominium unit is sold, the grantee and grantor are jointly and severally liable for any unpaid condominium assessments up to the time of the conveyance and up to the amount shown in a statement from the board. - ANS(3) When a condominium unit is sold, who is responsible for any unpaid condominium assessments? Immediately. A principal broker or broker in charge must release a licensee within ten days of a written request. Any licensee who changes employing or associating brokerage firm must notify the Commission in writing on the form provided within 10 days of the change, or immediately place the individual's license on inactive status. If a licensee has his license forfeited, suspended, revoked, or terminated, he must immediately cease his real estate activities and return the wall certificate and pocket card to the Commission. - ANS(4) If a licensee has his license forfeited, suspended, revoked, or terminated he must stop employment and return the wall certificate and pocket card to the Commission It may require a complainant to testify as a witness. Each local RICO office is authorized to accept written complaints; oral complaints are not accepted. The complainant needs to provide copies of documentation/evidence to support any allegations. Complaints may be filed anonymously, but should the case proceed to a hearing, the complainant may be called upon to testify as a witness. - ANS(4) Which of these is true about RICO?