When does title pass from the seller to the buyer in a purchase and sale contract in Hawaii?

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In Hawaii, title passes from the seller to the buyer upon the delivery of the deed. This is a fundamental principle in real estate transactions whereby the actual transfer of ownership occurs when the seller delivers the deed to the buyer with the intent to transfer ownership. The act of delivery signifies that the seller has relinquished control and gives ownership rights to the buyer.

Recording the deed does not affect the passage of title; it is primarily a means of providing public notice of the ownership transfer. While signing the purchase and sale contract is a crucial step in the process, it does not itself convey title. Similarly, simply moving into the property does not equate to the formal transfer of ownership. The legal mechanism for transferring title remains the delivery of the deed.

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