Mississippi Property Condition Disclosure Statement

Click here for your copy of the disclosure form provided by the Mississippi Real Estate Commission (MREC). MREC also has additional pages and amendments to the form here.

In Mississippi, sellers of residential property are required under Miss. Code § 89-1-501 et seq. to provide prospective buyers with a written disclosure statement as soon as reasonably possible. This disclosure is also known as the Property Condition Disclosure Statement.

Mississippi’s disclosure laws do not follow the principle of “caveat emptor,” or “let the buyer beware.” Instead, sellers are obligated to disclose all material defects and any other information that could impact the property's value to prospective buyers.

While Mississippi law doesn’t require disclosures to be uploaded with the listing, we strongly encourage doing so upfront. Providing all required disclosures early in the process helps avoid delays and potential complications down the line. If a disclosure is made after a buyer submits a formal offer, the buyer then has the right to cancel the offer within three days of receiving the disclosure in person—or five days if it’s delivered by mail. For example, if you receive an offer and only later disclose a material issue like a faulty electrical system, the buyer gains a new window to reconsider the deal. Uploading disclosures with your listing helps prevent these kinds of headaches and ensures a smoother transaction for everyone involved.

How Can I Get a Copy of the Mississippi Property Condition Disclosure Statement?

When you list your home on the MLS with homecoin.com for a low, one-time flat fee, we will upload your disclosures directly in your MLS listing, so you can easily comply with Mississippi law. Learn more about our flat fee MLS service here: https://homecoin.com/flat-fee-mls/mississippi

You can also find a copy of the disclosure form on the Mississippi Real Estate Commission (MREC) website here. MREC also has additional pages and amendments to the form here.

Are There Any Exceptions to the Mississippi Disclosure Requirements?

Even if a property is exempt from completing the full Mississippi Property Condition Disclosure Statement, sellers must still provide information in any sections where they have actual knowledge about the property’s condition. For example, an executor of an estate who never lived in the home may be exempt from completing the entire form but should still complete Section C (Roof) if aware that the roof was recently repaired.

• Transfers pursuant to a court order, to include the following:
  1. Transfer by order of a probate court in the administration of an estate.
  2. Transfer pursuant to a writ of execution.
  3. Transfer by any foreclosure sale.
  4. Transfer by a Trustee in Bankruptcy.
  5. Transfer by an eminent domain proceeding.
  6. Transfer from a decree of specific performance.
  7. Transfer by a fiduciary in the administration of an estate or trust.
•  Transfers by a mortgagor who is in default to the mortgagee, to include the following:
  1. Transfer to a beneficiary of a deed of trust.
  2. Transfer by a foreclosure sale after default on a Mortgage
  3. Transfer by a Mortgagee or a beneficiary following a foreclosure
  4. Transfer by a deed in lieu of foreclosure.
  5. Transfers involving transactions described in §89-1-527 of the Real Estate Brokers Act.
•  Other Types of Transfers, to include the following:
  1. Transfers of real property on which no dwelling is located.
  2. Transfer from one co-owner to one or more co-owners.
  3. Transfers to or from any governmental entity.
  4. Transfers to a spouse (such as divorce / separation) of a person in the lineal line of consanguinity.

Return to Mississippi Real Estate Disclosure Requirements