reglab/housing_qa huggingface dataset:
MS Code § 89-1-501 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|Real Estate Transfer Disclosure Requirements|§ 89-1-501. Applicability of real estate transfer disclosure requirement provisions

  The provisions of Sections 89-1-501 through 89-1-523 apply only with respect to transfers by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase or ground lease coupled with improvements, of real property on which a dwelling unit is located, or residential stock cooperative improved with or consisting of not less than one (1) nor more than four (4) dwelling units, when the execution of such transfers is by, or with the aid of, a duly licensed real estate broker or salesperson.   There are specifically excluded from the provisions of Sections 89-1-501 through 89-1-523:   Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by any foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specific performance.   Transfers to a mortgagee by a mortgagor or successor in interest who is in default, transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, transfers by any foreclosure sale after default, in an obligation secured by a mortgage, transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, or transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure.   Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust.   Transfers from one co-owner to one or more other co-owners.   Transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors.   Transfers between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree.   Transfers or exchanges to or from any governmental entity.   Transfers of real property on which no dwelling is located.   The provisions of Section 89-1-527.
MS Code § 89-1-503 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|Real Estate Transfer Disclosure Requirements|§ 89-1-503. Delivery of written statement required; indication of compliance; right of transferee to terminate for late delivery

 The transferor of any real property subject to Sections 89-1-501 through 89-1-523 shall deliver to the prospective transferee the written property condition disclosure statement required by Sections 89-1-501 through 89-1-523, as follows:   In the case of a sale, as soon as practicable before transfer of title.   In the case of transfer by a real property sales contract, or by a lease together with an option to purchase, or a ground lease coupled with improvements, as soon as practicable before execution of the contract. For the purpose of this paragraph, execution means the making or acceptance of an offer.   With respect to any transfer subject to paragraph (a) or (b), the transferor shall indicate compliance with Sections 89-1-501 through 89-1-523 either on the receipt for deposit, the real property sales contract, the lease, or any addendum attached thereto or on a separate document.   If any disclosure, or any material amendment of any disclosure, required to be made by Section 89-1-501 through 89-1-523, is delivered after the execution of an offer to purchase, the transferee shall have three (3) days after delivery in person or five (5) days after delivery by deposit in the mail, to terminate his or her offer by delivery of a written notice of termination to the transferor or the transferor's agent.
MS Code § 89-1-505 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|Real Estate Transfer Disclosure Requirements|§ 89-1-505. Limit on duties and liabilities with respect to information required or delivered

  Neither the transferor nor any listing or selling agent shall be liable for any error, inaccuracy or omission of any information delivered pursuant to Sections 89-1-501 through 89-1-523 if the error, inaccuracy or omission was not within the personal knowledge of the transferor or that listing or selling agent, was based on information timely provided by public agencies or by other persons providing information as specified in subsection (2) that is required to be disclosed pursuant to Sections 89-1-501 through 89-1-523, and ordinary care was exercised in obtaining and transmitting it.   The delivery of any information required to be disclosed by Sections 89-1-501 through 89-1-523 to a prospective transferee by a public agency or other person providing information required to be disclosed pursuant to Sections 89-1-501 through 89-1-523 shall be deemed to comply with the requirements of Sections 89-1-501 through 89-1-523 and shall relieve the transferor or any listing or selling agent of any further duty under Sections 89-1-501 through 89-1-523 with respect to that item of information.   The delivery of a report or opinion prepared by a licensed engineer, land surveyor, geologist, structural pest control operator, contractor or other expert, dealing with matters within the scope of the professional's license or expertise, shall be sufficient compliance for application of the exemption provided by subsection (1) if the information is provided to the prospective transferee pursuant to a request therefor, whether written or oral. In responding to such a request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of Section 89-1-509 and, if so, shall indicate the required disclosures, or parts thereof, to which the information being furnished is applicable. Where such a statement is furnished, the expert shall not be responsible for any items of information, or parts thereof, other than those expressly set forth in the statement.
MS Code § 89-1-507 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|Real Estate Transfer Disclosure Requirements|§ 89-1-507. Approximation of certain information required to be disclosed; information subsequently rendered inaccurate

 If information disclosed in accordance with Sections 89-1-501 through 89-1-523 is subsequently rendered inaccurate as a result of any act, occurrence or agreement subsequent to the delivery of the required disclosures, the inaccuracy resulting therefrom does not constitute a violation of Sections 89-1-501 through 89-1-523. If at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to the transferor, and the transferor or his agent has made a reasonable effort to ascertain it, the transferor may use an approximation of the information, provided the approximation is clearly identified as such, is reasonable, is based on the best information available to the transferor or his agent, and is not used for the purpose of circumventing or evading Sections 89-1-501 through 89-1-523.
MS Code § 89-1-509 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|Real Estate Transfer Disclosure Requirements|§ 89-1-509. Form of seller's disclosure statement

 The disclosures required by Sections 89-1-501 through 89-1-523 pertaining to the property proposed to be transferred shall be set forth in, and shall be made on a copy of a disclosure form, the structure and composition of which shall be determined by the Mississippi Real Estate Commission.
MS Code § 89-1-511 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|Real Estate Transfer Disclosure Requirements|§ 89-1-511. Disclosures to be made in good faith

 Each disclosure required by Sections 89-1-501 through 89-1-523 and each act which may be performed in making the disclosure, shall be made in good faith. For purposes of Sections 89-1-501 through 89-1-523, "good faith" means honesty in fact in the conduct of the transaction.
MS Code § 89-1-513 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|Real Estate Transfer Disclosure Requirements|§ 89-1-513. Provisions not exhaustive of items to be disclosed

 The specification of items for disclosure in Sections 89-1-501 through 89-1-523 does not limit or abridge any obligation for disclosure created by any other provision of law or which may exist in order to avoid fraud, misrepresentation or deceit in the transfer transaction.
MS Code § 89-1-515 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|Real Estate Transfer Disclosure Requirements|§ 89-1-515. Amendment of disclosure

 Any disclosure made pursuant to Sections 89-1-501 through 89-1-523 may be amended in writing by the transferor or his agent, but the amendment shall be subject to the provisions of Section 89-1-503.
MS Code § 89-1-517 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|Real Estate Transfer Disclosure Requirements|§ 89-1-517. Delivery of disclosure

 Delivery of disclosure required by Sections 89-1-501 through 89-1-523 shall be by personal delivery to the transferee or by mail to the prospective transferee. For the purposes of Sections 89-1-501 through 89-1-523, delivery to the spouse of a transferee shall be deemed delivery to the transferee, unless provided otherwise by contract.
MS Code § 89-1-519 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|Real Estate Transfer Disclosure Requirements|§ 89-1-519. Agent; extent of agency

 Any person or entity, other than a duly licensed real estate broker or salesperson acting in the capacity of an escrow agent for the transfer of real property subject to Sections 89-1-501 through 89-1-523 shall not be deemed the agent of the transferor or transferee for purposes of the disclosure requirements of Sections 89-1-501 through 89-1-523, unless the person or entity is empowered to so act by an express written agreement to that effect. The extent of such an agency shall be governed by the written agreement.
MS Code § 89-1-521 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|Real Estate Transfer Disclosure Requirements|§ 89-1-521. Delivery of disclosure where more than one agent; inability of delivering broker to obtain disclosure document; notification to transferee of right to disclosure

  If more than one (1) licensed real estate broker is acting as an agent in a transaction subject to Sections 89-1-501 through 89-1-523, the broker who has obtained the offer made by the transferee shall, except as otherwise provided in Sections 89-1-501 through 89-1-523, deliver the disclosure required by Sections 89-1-501 through 89-1-523 to the transferee, unless the transferor has given other written instructions for delivery.   If a licensed real estate broker responsible for delivering the disclosures under this section cannot obtain the disclosure document required and does not have written assurance from the transferee that the disclosure has been received, the broker shall advise the transferee in writing of his rights to the disclosure. A licensed real estate broker responsible for delivering disclosures under this section shall maintain a record of the action taken to effect compliance.
MS Code § 89-1-523 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|Real Estate Transfer Disclosure Requirements|§ 89-1-523. Noncompliance with disclosure requirements not to invalidate transfer; liability for actual damages

 No transfer subject to Sections 89-1-501 through 89-1-523 shall be invalidated solely because of the failure of any person to comply with any provision of Sections 89-1-501 through 89-1-523. However, any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of Sections 89-1-501 through 89-1-523 shall be liable in the amount of actual damages suffered by a transferee.
MS Code § 89-1-525 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|Real Estate Transfer Disclosure Requirements|§ 89-1-525. Enforcement by Mississippi Real Estate Commission

 The Mississippi Real Estate Commission is authorized to enforce the provisions of Sections 89-1-501 through 89-1-523. Any violation of the provisions of Sections 89-1-501 through 89-1-523 shall be treated in the same manner as a violation of the Real Estate Broker License Law of 1954, Section 73-35-1 et seq., and shall be subject to same penalties as provided in that chapter.
MS Code § 89-1-527 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|Real Estate Transfer Disclosure Requirements|§ 89-1-527. Failure to disclose nonmaterial fact regarding property as site of death or felony crime, as site of act or occurrence having no effect on physical condition of property, or as being owned or occupied by persons affected or exposed to certain diseases; failure to disclose information provided or maintained on registration of sex offenders

  The fact or suspicion that real property is or was:   The site of a natural death, suicide, homicide or felony crime (except for illegal drug activity that affects the physical condition of the property, its physical environment or the improvements located thereon);   The site of an act or occurrence that had no effect on the physical condition of the property, its physical environment or the improvements located thereon;   Owned or occupied by a person affected or exposed to any disease not known to be transmitted through common occupancy of real estate including, but not limited to, the human immunodeficiency virus (HIV) and the acquired immune deficiency syndrome (AIDS);  does not constitute a material fact that must be disclosed in a real estate transaction. A failure to disclose such nonmaterial facts or suspicions shall not give rise to a criminal, civil or administrative action against the owner of such real property, a licensed real estate broker or any affiliated licensee of the broker.      A failure to disclose in any real estate transaction any information that is provided or maintained, or is required to be provided or maintained, in accordance with Section 45-33-21 through Section 45-33-57, shall not give rise to a cause of action against an owner of real property, a licensed real estate broker or any affiliated licensee of the broker. Likewise, no cause of action shall arise against any licensed real estate broker or affiliated licensee of the broker for revealing information to a seller or buyer of real estate in accordance with Section 45-33-21 through Section 45-33-57. Any factors related to this paragraph, if known to a property owner or licensee shall be disclosed if requested by a consumer.   Failure to disclose any of the facts or suspicions of facts described in subsections (1) and (2) shall not be grounds for the termination or rescission of any transaction in which real property has been or will be transferred or leased. This provision does not preclude an action against an owner of real estate who makes intentional or fraudulent misrepresentations in response to a direct inquiry from a purchaser or prospective purchaser regarding facts or suspicions that are not material to the physical condition of the property including, but not limited to, those factors listed in subsections (1) and (2).
MS Code § 89-2-1 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 2 - Liability of Recreational Landowners|Article 1 - Outdoor Recreational Land|§ 89-2-1. Declaration of purpose; effect of opening property for outdoor recreational purposes

 The purpose of this article is to encourage persons to make available to the public land and water areas for outdoor recreational purposes. A lessee or owner who opens a land or water area to the public for outdoor recreational purposes shall not, by opening such land or water for such use:   Be presumed to extend any assurance that such land or water area is safe for any purpose;   Incur any duty of care toward a person who goes on the land or water area; or   Become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the land or water area.   The foregoing applies, whether the person going on the land or water area is an invitee, licensee, trespasser or otherwise.
MS Code § 89-2-3 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 2 - Liability of Recreational Landowners|Article 1 - Outdoor Recreational Land|§ 89-2-3. Definitions

 The term "outdoor recreational purposes" as used in this article shall include, but not necessarily be limited to, hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing and visiting historical, archaeological, scenic or scientific sites.
MS Code § 89-2-5 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 2 - Liability of Recreational Landowners|Article 1 - Outdoor Recreational Land|§ 89-2-5. Certain liability not limited

 This article does not relieve any person of liability which would otherwise exist for deliberate, willful or malicious injury to persons or property. The provisions hereof shall not be deemed to create or increase the liability of any person.
MS Code § 89-2-7 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 2 - Liability of Recreational Landowners|Article 1 - Outdoor Recreational Land|§ 89-2-7. Application of article

 The provisions of this article shall not apply if any fee is charged for entering or using any part of such land or water outdoor recreational area, or if any concession is operated on said area offering to sell or selling any item or product to persons entering thereon for recreational purposes. Said article shall not apply unless public notice of the availability of such lands for such public use shall have been published once annually in a newspaper of general circulation in the county where such lands are situated.
MS Code § 89-2-21 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 2 - Liability of Recreational Landowners|Article 3 - Limitation of Liability|§ 89-2-21. Definitions

 For the purposes of this article, the following words shall have the meanings ascribed herein, unless the context otherwise requires:   "Land" or "premises" means all real property, waters and private ways, and all trees, buildings and structures which are located on such real property, waters and private ways.   "Landowner" means the legal titleholder or owner of land or premises, and includes any lessee, occupant or any other person in control of such land or premises.
MS Code § 89-2-23 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 2 - Liability of Recreational Landowners|Article 3 - Limitation of Liability|§ 89-2-23. Landowner's duty of care with respect to recreational users of land

 Except as provided for in Section 89-2-27, a landowner: (a) shall owe no duty of care to keep land or premises safe for entry or use by others for hunting, fishing, trapping, camping, water sports, hiking or sightseeing; and (b) shall not be required to give any warning to any person entering on land or premises for hunting, fishing, trapping, camping, water sports, hiking or sightseeing as to any hazardous conditions or uses of, or hazardous structures or activities on such land or premises.
MS Code § 89-2-25 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 2 - Liability of Recreational Landowners|Article 3 - Limitation of Liability|§ 89-2-25. Effect of landowner's permission to use land

 Any landowner who gives permission to another person to hunt, fish, trap, camp, hike or sightsee upon land or premises shall not, by the sole act of giving such permission, be considered or construed to have:   Extended any assurance that the premises are safe for such purposes;   Caused the person to whom permission has been granted to be constituted the legal status of an invitee to whom a duty of care is owed; or   Assumed responsibility or liability for any injury to such person or his property caused by any act of such person to whom permission has been granted, except as provided in Section 89-2-27.
MS Code § 89-2-27 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 2 - Liability of Recreational Landowners|Article 3 - Limitation of Liability|§ 89-2-27. Exceptions to limitation of liability

 This article shall not limit any liability which otherwise exists for:   Willful or malicious failure to guard or warn against a hazardous condition, use, structure or activity;   Injuries suffered in any case where permission to hunt, fish, trap, camp, hike, sightsee or engage in any other lawful activity was granted for a consideration other than the consideration, if any, paid to the landowner by the State of Mississippi, the federal government, or any other governmental agency; or   Injuries to third persons or to persons to whom the landowner owed a duty to keep the land or premises safe or to warn of danger, which injuries were caused by acts of persons to whom permission to hunt, fish, camp, hike, sightsee or engage in any other lawful activity was granted.
MS Code § 89-5-1 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-1. Recording instruments; conveyances, acknowledgment, priority

 Except as provided by Sections 89-5-101 through 89-5-113, a conveyance of land shall not be good against a purchaser for a valuable consideration without notice, or any creditor, unless it be lodged with the clerk of the chancery court of the county in which the lands are situated to be recorded; but after filing with the clerk, the priority of time of filing shall determine the priority of all conveyances of the same land as between the several holders of such conveyances.