Updated April 2026

Mastering the Hawaii Closing Costs Breakdown for the Real Estate Exam

Last updated: April 2026

Navigating the financial culmination of a real estate transaction requires a deep understanding of who pays what, when, and why. For candidates preparing for the Hawaii real estate licensing exam, mastering the closing costs breakdown is not just about passing a test—it is about protecting your future clients from unexpected financial surprises. From standard escrow splits to state-specific withholdings like HARPTA, Hawaii's closing procedures are unique.

This mini-article breaks down the essential closing costs you need to know for the state exam. For a broader overview of all exam topics, be sure to review our Complete Hawaii Exam Guide.

The Framework of Hawaii Closing Costs

In Hawaii, the allocation of closing costs is largely dictated by the Hawaii Association of REALTORS® (HAR) Standard Form Purchase Contract, alongside state statutes. While buyers and sellers can negotiate the payment of almost any fee, the standard contract establishes customary splits that reflect local practices. The state exam frequently tests your knowledge of these default allocations.

One universal rule in Hawaii is the splitting of the Escrow Fee. By custom and standard contract default, the escrow fee is split 50/50 between the buyer and the seller. However, other fees lean heavily toward one party or the other.

Seller's Closing Costs: The Heavy Hitters

Sellers typically bear the brunt of the closing costs in a Hawaii real estate transaction. Aside from paying the real estate brokerage commissions (which typically range from 5% to 6% of the sales price), sellers are responsible for specific state taxes and withholdings.

Hawaii Conveyance Tax (HRS Chapter 247)

The Hawaii Conveyance Tax is a state tax imposed on the transfer of real property. It is customarily paid by the seller. The state exam frequently tests on how this tax is applied. The rate is a sliding scale based on two factors:

  • The gross sales price of the property.
  • Whether the purchaser qualifies for a county homeowner's exemption (i.e., whether the buyer intends to occupy the property as their primary residence).

If the buyer is an investor or buying a second home, the conveyance tax rate is significantly higher. The tax is calculated per $100 of the property's value.

HARPTA and FIRPTA Withholdings

These are arguably the most critical Hawaii-specific closing concepts to master. They are not taxes in and of themselves, but rather estimated tax withholdings collected at closing to ensure non-residents pay their capital gains taxes.

  • HARPTA (Hawaii Real Property Tax Act): Requires a withholding of 7.25% of the amount realized (usually the gross sales price, not the profit) if the seller is not a resident of Hawaii.
  • FIRPTA (Foreign Investment in Real Property Tax Act): A federal law requiring a withholding of 10% to 15% of the amount realized if the seller is a foreign person.

Exam Trap: Remember that HARPTA applies to out-of-state US citizens selling Hawaii property, while FIRPTA applies to non-US citizens. If a seller is a foreign national, both HARPTA and FIRPTA apply!

Title Insurance and Surveys

In Hawaii, standard practice dictates that the seller pays for 60% of the premium for the standard Owner's Title Insurance Policy, while the buyer pays 40%. Additionally, the seller typically pays for the staking or surveying of the property boundaries. Understanding how these boundaries are legally defined is crucial; you can refresh your knowledge on this by reading our guide on Hawaii metes and bounds legal descriptions.

Visualizing the Seller's Burden

To put this into perspective, let's look at a hypothetical breakdown of the major closing costs for an out-of-state seller on a $1,000,000 property in Hawaii. Note how the HARPTA withholding dominates the financial outflow at closing.

Estimated Seller Costs & Withholdings ($1M Sale, Non-Resident)

Buyer's Closing Costs: Financing and Protection

While the seller handles the bulk of the transfer taxes and commissions, the buyer's closing costs are primarily associated with securing financing and recording the new deed.

Loan Origination and Appraisal Fees

If the buyer is obtaining a mortgage, they are responsible for all costs associated with the loan. This includes the loan origination fee (often 1% of the loan amount), the appraisal fee, credit report fees, and any discount points purchased to lower the interest rate.

Lender's Title Policy and Recording Fees

While the buyer and seller split the Owner's Title Policy (40/60), the buyer is 100% responsible for the Lender's Title Policy (ALTA policy) if they are financing the purchase. The buyer also pays the fees to record the new deed and the mortgage at the Hawaii Bureau of Conveyances.

Practical Exam Scenario: Calculating Conveyance Tax

The state exam will likely ask you to calculate prorations or taxes. Let's look at a Conveyance Tax scenario.

Scenario: A seller is selling their Maui condo for $850,000. The buyer intends to use it as a primary residence (qualifying for the homeowner exemption). Under the current tax brackets, the rate for an owner-occupant on an $850,000 sale is $0.20 per $100 of the sales price. How much is the conveyance tax, and who customarily pays it?

Calculation:

  • Divide the sales price by 100: $850,000 / 100 = 8,500
  • Multiply by the rate: 8,500 × $0.20 = $1,700
  • Answer: The conveyance tax is $1,700, and it is customarily paid by the seller.

Exam Prep Tips for Closing Costs

Memorizing who pays what can be tedious. Just as you must memorize the historical nuances of Hawaii water rights and riparian law, you must commit these standard allocations to memory. We highly recommend using Hawaii spaced repetition for exam prep to drill these splits. Create flashcards for "Escrow Fee Split," "Owner's Title Policy Split," "HARPTA Rate," and "Termite Inspection Payer."

Frequently Asked Questions (FAQs)

Who pays the escrow fee in a Hawaii real estate transaction?

According to customary practice and the default terms of the Hawaii standard Purchase Contract, the escrow fee is split equally (50/50) between the buyer and the seller.

What is HARPTA and who does it apply to?

HARPTA stands for the Hawaii Real Property Tax Act. It requires a 7.25% withholding of the gross sales price (amount realized) when a non-resident of Hawaii sells real estate within the state. It is a mechanism to ensure out-of-state sellers pay their Hawaii state capital gains tax.

Who customarily pays for the termite inspection in Hawaii?

In Hawaii, it is standard practice for the seller to pay for the termite inspection report (TIR). If live termite infestation is found, the seller is also typically responsible for paying for the termite treatment (such as tent fumigation) prior to closing.

How are property taxes prorated at closing in Hawaii?

Property taxes are prorated based on the closing date. Hawaii's property tax fiscal year runs from July 1 to June 30. Escrow will calculate exactly how many days the seller owned the property versus the buyer, and credit or debit the parties accordingly based on taxes already paid or due.

Does the buyer or seller pay for the title insurance?

It is a split cost, but not an equal one. The standard practice in Hawaii is for the seller to pay 60% of the Owner's Title Insurance policy, while the buyer pays 40%. However, if the buyer requires a loan, the buyer pays 100% of the Lender's Title Insurance policy.

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