Buyer Agreements in Hawaiʻi: What Kona Buyers Sign and How a Buyer's Agent Is Paid

Since August 17, 2024, a buyer working with a Realtor in Kona signs a written agreement before touring a home. The agreement says what the buyer's agent will be paid, or how the pay is figured, and that the pay is negotiable. The seller, the buyer, or both can end up paying it, and that is worked out in the offer. Maile Woodhall of Kona Organic Real Estate is a Kona born Realtor who goes over this agreement with every buyer before the first showing.

Key takeaways

• A written buyer agreement comes before the first tour, in person or by live video.

• The agreement must state the agent's pay as a set amount or rate. It cannot be open ended.

• The agent cannot be paid more than the agreement says, from any source.

• Agent pay is not set by law and is always negotiable.

• A seller can still offer to help pay the buyer's agent. That offer is no longer posted on the MLS, so it is asked for in the offer.

• Hawaiʻi rules require a buyer's agent to tell the seller's side who they represent before talks begin, and dual agency needs written consent from both buyer and seller.

When you sign it

You sign before you tour a home with an agent. A live video tour counts as a tour, which matters for buyers on the mainland or overseas. Talking with an agent at an open house, or asking general questions, does not require an agreement.

In Hawaiʻi, Realtors usually use the Hawaiʻi Association of Realtors form called the Buyer Representation Contract (Exclusive Right to Represent). It lists the type of property, the term of the agreement, how the agent is paid, and how either side can end it.

What the agreement must say about pay

Under the National Association of Realtors settlement rules, the agreement must:

• Show the agent's pay as a dollar amount, a percent, or another clear method.

• Say the agent will not take more than that amount from anyone.

• Say, in plain view, that the fee is not set by law and can be negotiated.

Read this part closely and ask questions before you sign. If you want a shorter term, a smaller list of property types, or a different fee, say so. Those terms are set between you and your agent.

Who pays the buyer's agent in Kona

There are three common ways it works:

• The seller pays. The buyer asks in the offer for the seller to pay some or all of the buyer's agent fee. Many sellers agree, because it helps more buyers afford the home.

• The buyer pays. The buyer pays the fee at closing through escrow, out of their own funds.

• A mix. The seller pays part and the buyer pays the rest, or the seller gives a credit at closing.

Ask your lender early how a seller paid fee or credit fits your loan. Some loans limit how much a seller can pay toward a buyer's costs.

Agency and dual agency in Hawaiʻi

Hawaiʻi Administrative Rules section 16-99-3.1 covers agency disclosure. A buyer's agent must tell the seller, or the listing brokerage, that they represent the buyer before negotiations start. If one agent or brokerage would represent both buyer and seller, that is dual agency, and it needs written consent from both sides. The consent must describe what the agent will do for each party. A general line saying the agent represents both is not enough.

Questions to ask before you sign

• How long does the agreement last, and how can I end it?

• Does it cover all of Kona, or only certain areas or property types?

• What is the fee, and what happens if the seller pays part of it?

• What if I buy a home I find on my own, or a home for sale by owner?

• Could this become dual agency, and how would that work?

Common questions

Do I have to sign a buyer agreement to look at homes in Kona?

Yes, if you want an agent to tour homes with you, in person or by live video. You can visit open houses and ask general questions without one.

Is the buyer's agent fee negotiable in Hawaiʻi?

Yes. Agent pay is not set by law. The fee in a buyer agreement is negotiated between the buyer and the agent.

Will the seller pay my agent?

Maybe. A buyer can ask the seller in the offer to pay some or all of the buyer's agent fee. Sellers decide case by case.

Can I end a buyer agreement early?

It depends on the terms. The Hawaiʻi form lists the term and how either side can end it. Ask for the terms you want before you sign.

What is dual agency in Hawaiʻi?

Dual agency is when one agent or brokerage represents both buyer and seller in the same sale. Hawaiʻi rules require written consent from both, with a description of what the agent will do for each side.

Sources: National Association of Realtors, What the NAR settlement means for home buyers. Hawaiʻi Administrative Rules section 16-99-3.1, Disclosure of agency. General information, not legal advice. Read your own agreement and ask a Hawaiʻi attorney about legal questions.

About the author: Maile Woodhall (pronounced Miley) is a licensed Hawaiʻi REALTOR (RS-88019) with The Agency Team Hawaii, eXp Realty (RB-21841), born and raised in Kona. Questions? Call or text (808) 482-5800.

Related guides: Your Buyer Agreement, Made Simple; Buying a home in Kona; What does a Kona real estate agent do?; Kona first time home buyer guide; How do I buy a home in Kona if I live on the mainland?.

Last updated: October 2026.