Hawaii Jury Instruction — 10.10.5 Real Estate Held Primarily For Sale is a legal instruction given to the jury in a real estate-related legal case in Hawaii. This instruction explains the concept of real estate that is held primarily for sale and its implications in the case. Below is a detailed description of this jury instruction: Real Estate Held Primarily For Sale: Real estate held primarily for sale refers to a type of property that is owned or acquired with the intention of selling it for a profit. When determining if real estate is held primarily for sale, the jury should consider various factors, such as the owner's intent, the frequency and continuity of sales, the extent of marketing and advertising efforts, and the length of holding period. In cases involving real estate held primarily for sale, the jury must carefully examine the evidence presented to determine if the property in question falls under this category. If it is determined that the property is held primarily for sale, it may have significant implications on the outcome of the case, including tax considerations, contractual obligations, and other legal consequences. Different Types of Hawaii Jury Instruction — 10.10.5 Real Estate Held Primarily For Sale: 1. Intent to Sell: This type of real estate held primarily for sale focuses on the owner's intent to sell the property. The jury must consider the owner's state of mind and whether their main objective was to sell the property for a profit. 2. Frequency and Continuity of Sales: This type of real estate held primarily for sale examines the frequency and continuity of sales conducted by the owner. If the owner regularly engages in real estate sales, it suggests that the property in question is held primarily for sale. 3. Extent of Marketing and Advertising Efforts: This type of real estate held primarily for sale looks at the owner's marketing and advertising efforts to promote the property for sale. Extensive marketing and advertising activities indicate that the property is held primarily for sale. 4. Length of Holding Period: This type of real estate held primarily for sale considers the duration for which the owner holds the property before attempting to sell it. If the holding period is short, it implies that the property was acquired with the intent to sell for a profit. In conclusion, Hawaii Jury Instruction — 10.10.5 Real Estate Held Primarily For Sale guides the jury in understanding the concept of real estate held primarily for sale in legal cases. It helps the jury examine factors like intent, sales frequency, marketing efforts, and holding period to determine if the property falls under this category.
Hawaii Jury Instruction - 10.10.5 Real Estate Held Primarily For Sale
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