Starn O'Toole Marcus & Fisher
One of Hawaii's larger firms, with a deep real estate and land-use practice covering acquisitions, development, leasing, and real property disputes on Oahu.
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Real EstateLand Use
Updated June 1, 2026
Buying or selling property in Honolulu comes with wrinkles you will not find on the mainland: leasehold versus fee simple ownership, a dual land-recording system, and a state tax that withholds money from out-of-state sellers. A Honolulu real estate lawyer keeps a purchase, lease, or boundary dispute from turning into an expensive surprise. Below are vetted Oahu firms, plus plain answers on Hawaii's rules and what legal help costs.
A real estate lawyer reviews and negotiates purchase contracts, checks title, handles closings, drafts and reviews leases, and litigates disputes over boundaries, easements, and defects. In Hawaii that work carries extra weight because of leasehold property and the state's two title systems. Many buyers learn the hard way that the condo they thought they bought sits on land they only lease, with the ground rent due to reset. A lawyer flags that before you sign, not after.
Fee simple means you own the land and the building outright. Leasehold means you own the building but lease the land underneath for a set term, often with a lease-rent renegotiation date when the ground rent can jump sharply, and a surrender date when the property reverts to the landowner. A lot of Honolulu condos and homes are leasehold, and the difference can mean tens of thousands of dollars and a property you cannot easily resell. Reading the master lease before you commit is one of the main reasons to hire a real estate lawyer here.
Under the Hawaii Real Property Tax Act (HARPTA), buyers must withhold 7.25% of the sales price when the seller is not a Hawaii resident, and send it to the state against the seller's potential capital gains tax. There is also a state conveyance tax on most transfers. A real estate lawyer or tax professional can help a nonresident seller claim a reduced withholding or a refund when the actual gain is small, which keeps a chunk of your sale proceeds from sitting with the state for a year.
Hawaii records property two ways: the regular system through the Bureau of Conveyances, and the Land Court (a Torrens registration system) that issues a state-guaranteed certificate of title. Which system your property is in changes how transfers and disputes are handled, and a title problem in one is not fixed the same way as in the other. Real estate lawsuits over title, boundaries, or contracts on Oahu are filed in the Circuit Court of the First Circuit in Honolulu.
Honolulu real estate lawyers generally bill $250 to $500 an hour, and many offer flat fees of roughly $800 to $2,500 to review a purchase contract, a leasehold master lease, or a commercial lease. A full title or boundary dispute that goes to the First Circuit Court costs more and depends on how hard the other side fights. Given that a single overlooked lease-rent reset can cost far more than the legal fee, paying a lawyer to read the documents before closing is usually money well spent. Ask for a flat quote for document review.
These firms are profiled in full, with practice focus and recognition, in our Top 10 Real Estate Lawyers in Honolulu guide. Each is a real, independently listed HI firm verified across legal directories.
One of Hawaii's larger firms, with a deep real estate and land-use practice covering acquisitions, development, leasing, and real property disputes on Oahu.
A long-established Honolulu firm known for real property, land use, and condemnation work for owners and developers.
One of Hawaii's oldest firms, handling real estate transactions, leasing, and development across the islands.
A Honolulu litigation firm that handles real estate, construction-defect, and property disputes for owners and associations.
A full-service Honolulu firm with a real estate group covering acquisitions, leasing, and land-use entitlements.
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