Seller disclosure in Mississippi: the property condition form

Is a disclosure form required by law?

Yes, in most sales. The disclosure law applies to a transfer by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground lease with improvements. The property must have a dwelling on it, with no more than four dwelling units, and the transfer must be made “by, or with the aid of, a duly licensed real estate broker or salesperson” (§ 89-1-501(1)).

The Mississippi Real Estate Commission says the statement must be on the form it promulgates, or on another form with identical information, and it may not be personalized. The Commission also says the statement is for disclosure only and should not become part of the sales contract.

Timing is set by § 89-1-503, as amended in 2024. In a sale, the seller delivers the statement “as soon as practicable before transfer of title.” For a real property sales contract, a lease with an option to buy, or a ground lease with improvements, delivery is due as soon as practicable before the contract is executed, and “execution” means the making or acceptance of an offer. The seller must also indicate compliance on the contract, an addendum or a separate document.

What the form covers

The form in the statute as enacted asked the seller about appliances and systems, the age and leaks of the roof, past flooding and whether flood insurance is required, foundation repairs, termite and other infestation history, easements and rights of way, major damage from fire, wind or flood, hazards such as asbestos, radon or underground tanks, and any other needed repairs. The Commission now publishes the current version. I could not open that file today, so download it from the Commission before you rely on this list.

The Commission describes a known defect as a condition the seller knew about that hurts market value, significantly impairs the health or safety of future occupants, or shortens the home’s expected life if it is not fixed. A seller who requested repairs, replaced equipment, or knows of facts that could affect a buyer’s decision must complete those parts of the form. The seller signs again at closing to confirm that nothing material has changed.

The statement is not a warranty by the seller, and it does not replace a home inspection. See home inspection cost and natural hazards and insurance in Mississippi, since the form asks about flooding.

Which sales are exempt?

Section 89-1-501(2) excludes these transfers:

A sale with no licensed broker or salesperson involved also falls outside the Act, because § 89-1-501(1) is limited to transfers made with a licensee’s aid.

What happens if a seller does not disclose?

The law is mild on its face. If a seller fails to deliver the statement or leaves part of it blank, “the prospective transferee is presumed to be on notice to inquire of the transferor” about the content (§ 89-1-503(2)). A transfer is not invalidated solely because someone failed to comply with the Act (§ 89-1-523(1)).

A late disclosure gives the buyer an exit. If a disclosure, or a material amendment to one, is delivered after an offer is executed, the buyer may terminate by written notice within 3 days of in-person delivery or 5 days of delivery by mail (§ 89-1-503(1)). The Commission adds that the termination is without penalty and the earnest money must be promptly returned.

The 2024 law (House Bill 1271, Chapter 423) went further for agents. A real estate licensee has no duty under the Act and cannot be disciplined by any licensing authority for the disclosure or its delivery (§§ 89-1-503(2), 89-1-523(2)). It also repealed § 89-1-519, which had said no person was deemed the agent of the seller or buyer for disclosure purposes. The Act does not say it is the only remedy for a seller who misstates a fact, so ask an attorney. See real estate attorney in Mississippi.

Federal lead-based paint rule (homes built before 1978)

For pre-1978 housing, the EPA says sellers must disclose known lead-based paint information and give the buyer available records, hand over the pamphlet “Protect Your Family From Lead In Your Home,” and allow a 10-day period for a paint inspection or risk assessment. The parties can agree in writing to change that period, and the buyer may waive it. The contract must include a Lead Warning Statement, and the seller must keep a signed copy of the disclosures for three years after the sale.