BEST ANSWER
Aloha, Rosemary... The two previous answers illustrate why it is so critical - especially in Hawaii - to have local representation and not count on answers from Realtors or Brokers in other states. Real Estate laws are governed by the STATE and all state laws regarding real estate are different from state to state. Additionally, we practice real estate differently from much of the mainland in that we negotiate price and terms up front, and then we go into escrow where the buyer does the rest of their due diligence before closing. So, assuming you're asking about a property in 96816, the answer to your question is a resounding NO! Absolutely, a transaction cannot go to escrow without the seller's signature, it is not a valid contract without the seller's signature - each and EVERY seller on title's signature, in fact. From the buyer's side, a contract can go into escrow with only one Buyer's signature on the contract and another buyer or more can be added to the transaction later, but NOT from the Seller's side. Additionally, most Brokers in Hawaii will not allow escrow to open up a transaction without the BROKER's signature as well as the signatures of all parties. The only time when you may seen an exception to this is when buying a developer-owned property where they have their own contract and might open escrow before you actually see the developer's signature on the contract. Verbal does NOT count for anything in Hawaii, do NOT believe anyone who tells you otherwise. One of our famous sayings here is "If it's not in writing, it never happened."
Rosemary, I'm concerned about you - it sounds like maybe you're working with a Realtor who isn't explaining the buying process to you thoroughly or in a way that makes sense to you. Please feel free to call or email me directly, I'm happy to help sort things through for you. I do feel it's my duty as a Broker here in HI to make sure you are well represented and buying property can be one of the most stressful things to do in life, and can often be confusing, especially here in Hawaii. 808.895.4327 katie@hawaiilife.com.
Tue Jun 2 2009, 19:50