Key Takeaways
- Mississippi requires sellers to complete a Property Condition Disclosure Statement for residential properties
- The disclosure must be provided to buyers before acceptance of an offer
- Sellers must disclose known material defects affecting the property
- Lead-based paint disclosure is required for pre-1978 homes (federal law)
- Sellers can decline to disclose but must sign a disclaimer form
Mississippi Property Condition Disclosure
Mississippi requires sellers to provide disclosure about the condition of residential property through the Property Condition Disclosure Act.
Property Condition Disclosure Statement
Mississippi law requires sellers of residential property to provide buyers with a Property Condition Disclosure Statement.
What Must Be Disclosed
| Category | Items |
|---|---|
| Structural | Foundation, roof, walls, floors |
| Systems | HVAC, electrical, plumbing |
| Water | Wells, septic, drainage issues |
| Environmental | Flooding, mold, termites |
| Legal | Zoning, easements, boundary disputes |
| Other | Known defects affecting value |
Timing of Disclosure
| Requirement | Details |
|---|---|
| When provided | Before acceptance of purchase offer |
| Form used | MREC-approved Property Condition Disclosure Statement |
| Updates | Seller must update if conditions change |
Important: This disclosure is about known conditions. Sellers are not required to inspect or investigate.
Seller's Options
Sellers have two options under Mississippi law:
Option 1: Complete the Disclosure
- Fill out the Property Condition Disclosure Statement
- Disclose all known material defects
- Sign and date the form
- Provide to buyer before offer acceptance
Option 2: Decline to Disclose (Disclaimer)
Sellers may choose NOT to complete the disclosure by:
- Signing a disclaimer statement
- Selling property "as-is" regarding condition
- Buyer assumes risk of unknown defects
Note: Even with a disclaimer, sellers cannot actively conceal or misrepresent known defects.
Categories of Disclosure
Structural Components
| Item | Examples |
|---|---|
| Foundation | Cracks, settling, water intrusion |
| Roof | Age, leaks, repairs |
| Walls | Cracks, damage, insulation |
| Floors | Sagging, water damage |
Mechanical Systems
| System | Items to Disclose |
|---|---|
| HVAC | Age, condition, recent repairs |
| Electrical | Panel capacity, known issues |
| Plumbing | Leaks, pipe material, water heater age |
| Appliances | What's included, condition |
Environmental Issues
| Issue | Disclosure Required |
|---|---|
| Flooding | Past flooding, flood zone status |
| Mold | Known mold or moisture problems |
| Termites | History of infestation or treatment |
| Radon | Known radon testing results |
| Lead paint | Required for pre-1978 homes |
Federal Lead-Based Paint Disclosure
For homes built before 1978, federal law requires:
| Requirement | Details |
|---|---|
| Disclosure | Known lead-based paint hazards |
| Pamphlet | EPA pamphlet "Protect Your Family From Lead" |
| Inspection period | Buyer has 10 days to inspect (waivable) |
| Form | Lead-Based Paint Disclosure form |
Warning: Lead-based paint disclosure is REQUIRED by federal law regardless of the seller's choice on state disclosure.
Stigmatized Property
Mississippi law generally does NOT require disclosure of:
| Not Required | Examples |
|---|---|
| Deaths | Natural deaths on property |
| Crimes | Past criminal activity |
| Hauntings | Alleged paranormal activity |
| Sex offenders | Nearby registered offenders |
Exception: If buyer asks directly and agent knows the answer, they should respond honestly.
What is required of Mississippi sellers regarding property condition disclosure?
When must the Property Condition Disclosure be provided to a buyer in Mississippi?
Which disclosure is required by FEDERAL law for homes built before 1978?