Contracts
What is 'satisfaction of conditions' in a Hawaii real estate purchase contract and who has the burden of proving they are met?
AA. The seller always bears the burden of proving all conditions are satisfied
BB. Generally, the party whose performance is conditioned on the satisfaction has the burden to demonstrate satisfaction or give proper notice of failure; the specific contract language controls✓ Correct
CC. The title company certifies all conditions are met; no party needs to prove anything
DD. Conditions are automatically waived after 30 days if not objected to by either party
Explanation
The contract language governs which party must demonstrate condition satisfaction. For a financing contingency, the buyer must notify the seller if they cannot obtain financing.
Related Hawaii Contracts Questions
- What is an 'assignment' of a contract in Hawaii real estate and is it always permitted?
- In Hawaii real estate, what does 'specific performance' as a remedy mean?
- What is a 'force majeure' clause in a Hawaii real estate contract?
- What is a 'punch list' in new construction and how does it relate to Hawaii purchase contracts?
- What is 'closing in escrow' and how does Hawaii's escrow process protect both parties?
- What is a 'home warranty' program in Hawaii real estate and what does it typically cover?
- What makes an offer to purchase a Hawaii property a valid, enforceable contract when accepted?
- In Hawaii, the 'merger doctrine' in real estate provides that:
Practice More Hawaii Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Hawaii Quiz →