Key Takeaways

  • Mississippi follows the Statute of Frauds requiring real estate contracts to be in writing and signed
  • Valid contracts require offer, acceptance, consideration, legal capacity, and lawful purpose
  • Earnest money should be deposited into the broker's trust account within specified timeframes
  • Mississippi uses standardized contract forms approved by the Mississippi Association of Realtors
  • Contingencies (financing, inspection, appraisal) must be clearly specified in the contract
Last updated: January 2026

Mississippi Contract Requirements

Mississippi real estate contracts must meet specific legal requirements to be valid and enforceable.

Statute of Frauds

Under Mississippi's Statute of Frauds, contracts for the sale of real property must be:

  • In writing
  • Signed by the party to be charged (or their authorized agent)

Key Point: Oral agreements to sell real estate are generally unenforceable in Mississippi.

Essential Elements of a Valid Contract

ElementDescription
OfferClear proposal with definite terms
AcceptanceUnequivocal agreement to the offer's terms
ConsiderationSomething of value exchanged (usually money)
Legal capacityParties must be competent to contract
Lawful purposeContract cannot be for illegal purposes
In writingRequired for real estate contracts

Common Contract Forms

Mississippi real estate professionals typically use:

FormUse
Residential Purchase AgreementStandard purchase agreement
Commercial ContractBusiness property transactions
Lease AgreementRental property
Exclusive Right to Sell ListingSeller representation
Buyer Agency AgreementBuyer representation

Note: The Mississippi Association of Realtors provides standardized forms used by most licensees.

Earnest Money

Earnest money (also called a good faith deposit) shows the buyer's serious intent:

Handling Requirements

RequirementDetails
Deposit timelineAs specified in contract (typically within 2-3 business days)
Where depositedBroker's trust account
Who holdsBroker (not salesperson)
DisbursementPer contract terms or mutual agreement

Common Contract Contingencies

Contingencies allow parties to exit the contract if certain conditions aren't met:

Financing Contingency

ElementDetails
PurposeBuyer can cancel if financing not obtained
DeadlineMust apply for loan within specified days
Good faithBuyer must make good faith effort to obtain financing
DocumentationMay require denial letter from lender

Inspection Contingency

ElementDetails
PurposeBuyer can inspect property and negotiate repairs
TimelineInspection period specified in contract
OptionsAccept, negotiate repairs, or cancel
Professional inspectionBuyer typically hires licensed inspector

Appraisal Contingency

ElementDetails
PurposeProtects buyer if property appraises below price
Lender requirementMost lenders require appraisal
OptionsSeller reduce price, buyer pay difference, or cancel

Termination of Contracts

Contracts may be terminated by:

MethodDescription
PerformanceBoth parties fulfill obligations
Mutual agreementBoth parties agree to cancel
Contingency not metCondition specified in contract fails
BreachOne party fails to perform
ImpossibilityPerformance becomes impossible

Time is of the Essence

Many Mississippi real estate contracts include a "time is of the essence" clause:

  • Deadlines are strict and legally binding
  • Missing a deadline may constitute breach
  • Extensions require written agreement

Exam Tip: Understand the difference between an executory contract (not yet performed) and an executed contract (fully performed).

Test Your Knowledge

Under Mississippi's Statute of Frauds, which statement is TRUE about real estate contracts?

A
B
C
D
Test Your Knowledge

Where should earnest money be deposited in a Mississippi real estate transaction?

A
B
C
D