Sell in Hattiesburg with Meydomo

Property Condition Disclosure Statement

Mississippi does not have a state *statute* compelling a seller disclosure form, but through Mississippi Real Estate Commission (MREC) regulations, sellers working with real estate brokers are effectively required to provide a Property Condition Disclosure Statement. MREC’s rules have long encouraged use of a disclosure form, and the Mississippi Association of REALTORS® provides a standard form that sellers commonly use. This form covers all major aspects (roof, foundation, appliances, termites, flood zone, etc.). The seller must disclose known material defects. While FSBO sellers (who are not using an agent) technically aren’t obligated by statute to fill out the form, they still must not engage in fraud. In any case where a real estate licensee is involved, Mississippi regulations mandate presenting a written property condition disclosure to the buyer prior to acceptance of an offer. Additionally, Mississippi law requires separate disclosure for known lead hazards (as per federal law) and for if the property was used as a site for manufacturing methamphetamine (unless certified cleaned).

• Miss. Code Ann. §89-1-501 (implied duties)
• MREC Reg. 3.1, 3.2

MLS Practices

Mississippi’s MLS systems (for example, the MLS operated by Mississippi REALTORS® or local boards like the Gulf Coast MLS) require that a listing broker secure a written listing agreement. MLS rules adhere to Clear Cooperation. An initial photo is required in most MLSs. Mississippi brokers will often upload the seller’s Property Condition Disclosure Statement to the MLS as an attachment, since state regulations require sharing it. MLS remarks are subject to review for anything inappropriate (no fair housing violations, etc.). If a seller refuses to provide a disclosure form (rare when using an agent, due to rules), that would be noted, but the agent would likely have the seller sign an acknowledgment of refusal and still disclose known defects themselves as they are obligated to do.

• MLS Rules (Central MS MLS, etc.)

Lead-Based Paint Hazard Disclosure

Federal law (Residential Lead-Based Paint Hazard Reduction Act of 1992) requires sellers of homes built before 1978 to disclose any known lead-based paint or lead hazards and provide buyers with the EPA’s lead hazard information pamphlet. Buyers must also be given a 10-day opportunity to conduct a lead paint inspection or waive that right.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Under the federal Fair Housing Act, sellers (and their agents) must not publish any advertisement for the listing that expresses a discriminatory preference based on protected classes (e.g. race, color, religion, sex, disability, familial status, or national origin). For example, statements such as 'no children' or other exclusions in home listings are unlawful.

• 42 U.S.C. §3604(c)