The Hawaii Granting Clause is a legal term referring to a specific type of clause commonly found in real estate documents, such as deeds or property sale agreements, in the state of Hawaii. It is crucial to understand the Hawaii Granting Clause while dealing with real estate transactions in Hawaii, as it involves the transfer of property rights from one party to another. The Hawaii Granting Clause, also known as the "Granting and Conveying Clause," serves as a fundamental element in real estate contracts. Its primary function is to clearly convey the intentions of the granter (seller) to grant and transfer the property rights to the grantee (buyer). The granting clause typically states that the granter is transferring the property along with all associated rights, benefits, and easements to the grantee. Different types of Hawaii Granting Clauses may exist based on specific circumstances or variations in language used. Some common variations include: 1. General Warranty Deeds Granting Clause: This type of clause offers the highest level of protection for the grantee. It assures that the granter possesses good title and has the authority to convey the property. The granter guarantees the grantee against any claims arising from previous ownership or encumbrances. 2. Special Warranty Deeds Granting Clause: This variation limits the granter's warranties to only the time they owned the property. It ensures that the property was not encumbered or impaired during their ownership, but does not cover any previous issues that may have existed before they acquired it. 3. Quitclaim Deeds Granting Clause: A quitclaim deed is often used when the granter does not want to provide any warranties or make any guarantees to the grantee. The granting clause in a quitclaim deed simply implies that the granter is conveying their interest or claim in the property, if any, without any warranties. Understanding the specific type of Hawaii Granting Clause used in a real estate transaction is vital for both buyers and sellers, as it defines the extent of protection or guarantees given to the grantee. Seeking legal advice while drafting or interpreting these clauses can help ensure that all parties are fully aware of their rights and obligations concerning the property.