Purchasing Property

Question 1

What are the remedies for a breach of contract?

Answer 1

• Recession
• Specific performance - unique nature: real estate property is unique. Only given when damages cannot compensate you for your injuries.
• Damages
	○ General
	○ Specific
	○ Punitive`

Question 2

What are the requirements to exercise Native Hawaiian Rights?

Answer 2

• Must be a resident/tenant within the ahupua’a
• Must balance right to gather with private property rights
• Can only be exercised on undeveloped land

Kalipi

Question 3

Pele Defense Fund case

Answer 3

Exception to resident requirement of NH gathering rights.

Do not need to be a resident of the ahupua’a if established as a traditional practice.

Question 4

When must Hawaiian customary rights have been established by?

Answer 4

November 25, 1892

Question 5

What is an earnest money deposit?

Answer 5

money deposited into Escrow upon entering into a contract to purchase property.

Question 6

How are damages calculated in breach of a purchase contract?

Answer 6

Damages can include difference between contract price and fair market value, additional mortgage and interest paid (including taxes and utilities), incidental damages, punitive damages (in rare cases such as fraud), and other monetary damages that the Seller had to incur as a result of the breach.

Kutzin