reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 89-1-65 - Sheriff's conveyance

A conveyance of land sold by a sheriff under execution may be in the following form, and shall be sufficient to convey all of the title of the defendant in the execution, which any conveyance such officer might make would in such case convey; and a conveyance by a constable in like form, the proper changes being made, shall have the like effect in case of sale made by him, viz.:
"By virtue of an execution issued by the clerk of the circuit court of ____________________ county, on the ____________________ day of ____________________, A.D. ____________________, returnable before said court on the ____________________ Monday of ____________________, A.D. ____________________, to enforce the judgment of said court, rendered on the ____________________ day of ____________________, A.D. ____________________, in favor of ____________________ against ____________________, for ____________________ dollars, and costs, I, as sheriff of ____________________ county, have this day, according to law, sold the following lands, to wit: [here describe the land]; when ____________________ became the best bidder therefor at the sum of ____________________ dollars, and he having paid said sum of money, I now convey said land to him.
"Witness my hand, the ____________________, A. D. ____________________
____________________ Sheriff."
Codes, 1880, § 1241; 1892, § 2485; 1906, § 2822; Hemingway's 1917, § 2323; 1930, § 2133; 1942, § 854.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 89-1-67 - Conveyance by administrator, executor, guardian, master, or commissioner

A conveyance by an administrator, executor, guardian, master, or commissioner, who may sell land under a decree of court may be in the following form, and shall be effective to convey all that could or would be conveyed in such case by any form of conveyance, viz.:
"By virtue of the authority conferred on me, administrator of the estate of ____________________, deceased, by the decree of the chancery court of ____________________ county, rendered on the ____________________ day of ____________________ confirming a sale made on the ____________________ day of ____________________, in pursuance of a decree of said court rendered on the ____________________ day of ____________________, I, as administrator of said estate, in consideration of ____________________ dollars, convey to ____________________, the purchaser thereof, the following land, to wit: [here describe the land].
"Witness my signature, the ____________________ day of ____________________, A. D. ____________________
____________________"
The description of the character of the maker of the conveyance will vary the form according to the fact. And if a conveyance be made in pursuance of a power conferred by a will, and not by virtue of a decree, the will should be referred to as a source of power, instead of a decree.
Codes, 1880, § 1242; 1892, § 2486; 1906, § 2823; Hemingway's 1917, § 2324; 1930, § 2134; 1942, § 855.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 89-1-69 - Prohibition against covenants requiring payment of a fee upon the transfer of real property; exception

(1)
In this section, "property owners' association" means an incorporated or unincorporated association that:
(a)
Is designated as the representative of the owners of property in a subdivision;
(b)
Has a membership primarily consisting of the owners of the property covered by the dedicatory instrument for the subdivision; and
(c)
Manages or regulates the subdivision for the benefit of the owners of property in the subdivision.
(2)
A deed restriction or other covenant running with the land applicable to the conveyance of real property that requires a transferee of real property or the transferee's heirs, successors, or assigns to pay a declarant or other person imposing the deed restriction or covenant on the property or a third party designated by a transferor of the property a fee in connection with a future transfer of the property is prohibited. A deed restriction or other covenant running with the land that violates this section or a lien purporting to encumber the land to secure a right under a deed restriction or other covenant running with the land that violates this section is void and unenforceable. For purposes of this section, a conveyance of real property includes a conveyance or other transfer of an interest or estate in real property.
(3)
This section does not apply to a deed restriction or other covenant running with the land that requires a fee associated with the conveyance of property in a subdivision that is payable to:
(a)
A property owners' association that manages or regulates the subdivision or the association's managing agent if the subdivision contains more than one (1) platted lot and the right to collect a fee in connection with a future transfer of the property is evidenced by a deed restriction or covenant running with the land filed in the public land records;
(b)
An entity organized under Section 501(c)(3), Internal Revenue Code of 1986 if the entity has a right to collect a fee in connection with a future transfer of the property evidenced by a deed restriction or covenant running with the land filed in the public land records; or
(c)
A governmental entity.
Laws, 2010, ch. 348, § 1; Laws, 2011, ch. 344, § 1, eff. 7/1/2011.
Amended by Laws, 2019, ch. 330, HB 962,§ 1, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 89-1-NEW - [Newly enacted section not yet numbered] [Written right of first refusal in real property extinguished by death - Exception]

A right of first refusal in real property granted through a contractual agreement or any other written instrument of conveyance is extinguished upon the death of the grantee right-holder unless the contractual agreement or instrument of conveyance, or a memorandum of the contractual agreement or instrument of conveyance, is filed for recording in the land records of the county in which the real property lies and unambiguously states that upon the death of the grantee right-holder, the right of first refusal shall be binding upon and inure to the benefit of the heirs and assigns of the grantee right-holder.
Added by Laws, 2024, ch. 391, HB 325,§ 1, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › RELIEF FROM INEQUITABLE MORTGAGE FORECLOSURES, EXECUTION SALES AND THE LIKE AFTER DECLARED EMERGENCY OR DISASTER (§§ 89-1-301 — 89-1-329) › Section 89-1-303 - Hearing; determination of carrying charge payments

Suits for the foreclosure of mortgages and deeds of trust shall be deemed ready for final hearing at any time after the expiration of thirty (30) days from the completion of the service of legal process on all parties. On the hearing, the court or chancellor in vacation shall receive evidence tending to establish the reasonable, normal, actual value of the mortgaged property, may fix a minimum price or reasonable and equitable price thereon, and shall determine the reasonable value of the income on said property, if any. If it has no income, then the court or chancellor in vacation shall determine the reasonable rental value, and in lieu of a present order of sale shall direct and require the mortgagor or those interested therein to pay all or a reasonable part of said income or rental value to be used for the payment of taxes, insurance and interest on the mortgage indebtedness, together with a reasonable sum for the upkeep of said property. Said payments shall be made at such times and in such manner as shall be fixed and determined and ordered by the court or chancellor in vacation which, according to the circumstances, may appear just and equitable for a term not to extend beyond two (2) years from the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections
89-1-301
through
89-1-329
. After the expiration of two (2) years from the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections
89-1-301
through
89-1-329
, if any past due principal, interest, taxes and the like have not been paid, a final order for sale may be made.
Laws, 1980, ch. 371, § 2, eff. 4/25/1980.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › RELIEF FROM INEQUITABLE MORTGAGE FORECLOSURES, EXECUTION SALES AND THE LIKE AFTER DECLARED EMERGENCY OR DISASTER (§§ 89-1-301 — 89-1-329) › Section 89-1-305 - Effect of default; explanation and remedy; revocation of extension on final order of sale due to changed circumstances

If the mortgagor or owner of the mortgaged premises, or other interested person for whose relief Sections
89-1-301
through
89-1-329
are enacted, shall make default in the carrying charge payments, or any of them, required in the order mentioned in the foregoing section, or shall commit any waste, his or her right to a further postponement of a final sale shall terminate thirty (30) days after such default, and the mortgagee or trustee or other persons having the right to foreclose shall thereupon be entitled to apply to the court in termtime or vacation for a final decree of sale upon a satisfactory showing to the court that the default aforesaid has occurred; provided that if the default be explained on the grounds of casualty, inevitable accident, or other good reason wholly beyond the control of the defaulter, and be one which in the judgment of the court can be remedied and made good by the defaulter within a reasonably short period to be fixed by the court, then the court or chancellor in vacation shall have power to excuse the default and to make such order in reference thereto as may be just and equitable. The chancellor shall have power in vacation, at any time after the period mentioned in Section
89-1-303
, to hear and determine and to order or decree in respect to any matter that shall arise under Sections
89-1-301
through
89-1-329
, to the same extent and as fully as the court could do in termtime, legal notice having been given to all parties of the said hearing in vacation. The court or chancellor in vacation shall have power to revoke the period of extension theretofore granted for the making of the final order of sale in case it may be made to appear to the chancellor in vacation, or to the court in termtime, that the occasion for said postponement no longer exists or is no longer just and reasonable; and, in general, the court, or chancellor in vacation, shall have power to alter and revise its orders theretofore made in any respect insofar as the changed circumstances and conditions may require. Provided further, that prior to two (2) years from the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections
89-1-301
through
89-1-329
, no action shall be maintained in this state for a deficiency judgment until the period of time extension allowed in any proceeding begun under the provisions of Sections
89-1-301
through
89-1-329
shall have expired.
Laws, 1980, ch. 371, § 3, eff. 4/25/1980.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › RELIEF FROM INEQUITABLE MORTGAGE FORECLOSURES, EXECUTION SALES AND THE LIKE AFTER DECLARED EMERGENCY OR DISASTER (§§ 89-1-301 — 89-1-329) › Section 89-1-307 - Reference to master, farm debt adjustment committee or similar agency

At any hearing, whether in termtime or in vacation, the chancellor shall have power to refer any issue or issues arising under the proceedings authorized by Sections
89-1-301
through
89-1-329
to a master in chancery or to the local farm debt adjustment committee, or any similar federal or state agency, and may prescribe the time within which the master or agency aforesaid shall report. The chancellor shall give consideration to such report with or without exceptions as in his judgment and discretion the same may be entitled.
Laws, 1980, ch. 371, § 4, eff. 4/25/1980.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › RELIEF FROM INEQUITABLE MORTGAGE FORECLOSURES, EXECUTION SALES AND THE LIKE AFTER DECLARED EMERGENCY OR DISASTER (§§ 89-1-301 — 89-1-329) › Section 89-1-309 - Suspension of statute of limitations

The statutes of limitation which would otherwise apply to any mortgage or mortgage debt, or to any other cause of action under Sections
89-1-301
through
89-1-329
, shall cease to run upon the filing of any legal pleadings in the aforesaid court; and the period during which the same be pending in court under Sections
89-1-301
through
89-1-329
shall be added to the period of statutory limitations which would apply to said debt or mortgage or other obligation in which the cause of action arose.
Laws, 1980, ch. 371, § 5, eff. 4/25/1980.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › RELIEF FROM INEQUITABLE MORTGAGE FORECLOSURES, EXECUTION SALES AND THE LIKE AFTER DECLARED EMERGENCY OR DISASTER (§§ 89-1-301 — 89-1-329) › Section 89-1-311 - Application to levies and advertisements for sale

The provisions of Sections
89-1-301
through
89-1-329
shall apply to levies and advertisements for sales under executions, including those under deficiency judgments or decrees where the judgment, decree or account sued on existed prior to the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections
89-1-301
through
89-1-329
; and when an advertisement has been made for a sale under any execution, the judgment debtor or any person interested in the real property levied upon may enjoin the sale under execution, whereupon the plaintiff in execution shall proceed to enforce the same by a cross-bill or by original bill in the same manner as if the plaintiff in execution were the holder of a mortgage. When an original bill has been filed in response to a bill of injunction under Sections
89-1-301
through
89-1-329
, the causes may be consolidated for the hearing and for all subsequent proceedings, save as to the pleadings and process.
Laws, 1980, ch. 371, § 6, eff. 4/25/1980.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › RELIEF FROM INEQUITABLE MORTGAGE FORECLOSURES, EXECUTION SALES AND THE LIKE AFTER DECLARED EMERGENCY OR DISASTER (§§ 89-1-301 — 89-1-329) › Section 89-1-313 - Auxiliary jurisdiction of court

The court shall have jurisdiction to postpone the enforcement of judgment by execution sale or to order resale or give relief where such judgment is rendered in an action to collect a debt or obligation secured by a real estate mortgage, the foreclosure of which might be affected under the terms of Sections
89-1-301
through
89-1-329
.
Laws, 1980, ch. 371, § 7, eff. 4/25/1980.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › RELIEF FROM INEQUITABLE MORTGAGE FORECLOSURES, EXECUTION SALES AND THE LIKE AFTER DECLARED EMERGENCY OR DISASTER (§§ 89-1-301 — 89-1-329) › Section 89-1-315 - Approval of compromise settlements or compositions of mortgage indebtedness

In case the parties to any such foreclosure action shall agree in writing upon terms of compromise settlement thereof, or of composition of the mortgage indebtedness, or both, the court shall have jurisdiction and may by its order confirm and approve such settlement or composition, or both, as the case may be.
Laws, 1980, ch. 371, § 8, eff. 4/25/1980.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › RELIEF FROM INEQUITABLE MORTGAGE FORECLOSURES, EXECUTION SALES AND THE LIKE AFTER DECLARED EMERGENCY OR DISASTER (§§ 89-1-301 — 89-1-329) › Section 89-1-317 - Agreements as to interest or finance charges; right to prepay without penalty

In any modification or refinancing of a debt secured by a mortgage or deed of trust on real property subject to Sections
89-1-301
through
89-1-329
, the borrower and lender may contract and agree that all or any part of the accrued interest or interest to accrue or earned finance charge which has not been paid on the existing debt may be added to the unpaid principal balance thereof, and the borrower may contract for and agree to pay interest on the principal balance as modified as otherwise provided by law; provided, any such borrower shall have the right to prepay the original balance or the modified balance of the debt without penalty.
Laws, 1980, ch. 371, § 9, eff. 4/25/1980.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › RELIEF FROM INEQUITABLE MORTGAGE FORECLOSURES, EXECUTION SALES AND THE LIKE AFTER DECLARED EMERGENCY OR DISASTER (§§ 89-1-301 — 89-1-329) › Section 89-1-319 - Suspension of inconsistent laws; application to renewed or extended mortgages

Every law and all the provisions thereof now in force insofar as inconsistent with the provisions of Sections
89-1-301
through
89-1-329
are hereby suspended for two (2) years from the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections
89-1-301
through
89-1-329
. No postponement of sale shall be ordered or allowed under Sections
89-1-301
through
89-1-329
which would have the effect of extending the period for redemption beyond two (2) years from the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections
89-1-301
through
89-1-329
.
Sections
89-1-301
through
89-1-329
, as to mortgage foreclosure, shall apply only to mortgages made prior to the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections
89-1-301
through
89-1-329
, but shall not apply to mortgages made prior to the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections
89-1-301
through
89-1-329
, which shall hereafter be renewed or extended for:
(a)
a period ending more than one (1) year after the date of the disaster declaration by the governor in which he specifically included the relief provided for in Sections
89-1-301
through
89-1-329
, or
(b)
which shall be extended by agreement so as to be payable in monthly installments extending over a period of more than three (3) years. During the period of time of postponement granted under the terms of Sections
89-1-301
through
89-1-329
the several statutes of limitation be and they are hereby suspended insofar as any right or obligation may be affected by Sections
89-1-301
through
89-1-329
.
Laws, 1980, ch. 371, § 10, eff. 4/25/1980.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › RELIEF FROM INEQUITABLE MORTGAGE FORECLOSURES, EXECUTION SALES AND THE LIKE AFTER DECLARED EMERGENCY OR DISASTER (§§ 89-1-301 — 89-1-329) › Section 89-1-321 - Construction of terms

The words "mortgagor," "mortgagee," "judgment creditor," "judgment debtor" and "purchaser," whenever used in Sections
89-1-301
through
89-1-329
, shall be construed to include the plural as well as the singular and also to include their personal representatives, successors and assigns, and the word "mortgage" shall be construed to include deeds of trust and vendors' liens; and for purposes of Sections
89-1-301
through
89-1-329
, deeds of trust and any instrument executed as security for an indebtedness shall be treated as a mortgage.
Laws, 1980, ch. 371, § 11, eff. 4/25/1980.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › RELIEF FROM INEQUITABLE MORTGAGE FORECLOSURES, EXECUTION SALES AND THE LIKE AFTER DECLARED EMERGENCY OR DISASTER (§§ 89-1-301 — 89-1-329) › Section 89-1-323 - Exclusion of mortgages held by United States and mortgages securing payment of public debts or funds

The provisions of Sections
89-1-301
through
89-1-329
shall not apply to any mortgage while such mortgage is held by the United States or agency thereof as security or pledge of the maker, its successors or assigns, nor shall the provisions of Sections
89-1-301
through
89-1-329
apply to any mortgage held as security or pledge to secure payment of a public debt or to secure payment of the deposit of public funds.
Laws, 1980, ch. 371, § 12, eff. 4/25/1980.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › RELIEF FROM INEQUITABLE MORTGAGE FORECLOSURES, EXECUTION SALES AND THE LIKE AFTER DECLARED EMERGENCY OR DISASTER (§§ 89-1-301 — 89-1-329) › Section 89-1-325 - Postponement or extension shall not substantially diminish value of contract or obligation

No postponement or extension shall be ordered under conditions which, under the temporary emergency, would substantially diminish or impair the value of the contract or obligation of the person against whom the relief is sought without reasonable allowance to justify the exercise of the police power hereby authorized.
Laws, 1980, ch. 371, § 13, eff. 4/25/1980.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › RELIEF FROM INEQUITABLE MORTGAGE FORECLOSURES, EXECUTION SALES AND THE LIKE AFTER DECLARED EMERGENCY OR DISASTER (§§ 89-1-301 — 89-1-329) › Section 89-1-327 - Provisions are severable

The provisions of Sections
89-1-301
through
89-1-329
are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect, impair or abrogate any of the remaining provisions, but the remaining provisions thereof shall be and remain in full force and effect without regard to that phrase, clause or portion invalidated.
Laws, 1980, ch. 371, § 14, eff. 4/25/1980.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › RELIEF FROM INEQUITABLE MORTGAGE FORECLOSURES, EXECUTION SALES AND THE LIKE AFTER DECLARED EMERGENCY OR DISASTER (§§ 89-1-301 — 89-1-329) › Section 89-1-329 - Expiration of relief

Except for the cases pending in court, the relief provided for in Sections
89-1-301
through
89-1-329
shall expire two (2) years from the date of any disaster declaration by the governor in which Sections
89-1-301
through
89-1-329
were specifically included as a relief measure for those counties covered by such disaster declaration.
Laws, 1980, ch. 371, § 15, eff. 4/25/1980.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › REAL ESTATE TRANSFER DISCLOSURE REQUIREMENTS (§§ 89-1-501 — 89-1-527) › Section 89-1-501 - Applicability of real estate transfer disclosure requirement provisions

(1)
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.
(2)
There are specifically excluded from the provisions of Sections
89-1-501
through
89-1-523
:
(a)
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.
(b)
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.
(c)
Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust.
(d)
Transfers from one co-owner to one or more other co-owners.
(e)
Transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors.
(f)
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.
(g)
Transfers or exchanges to or from any governmental entity.
(h)
Transfers of real property on which no dwelling is located.
(i)
The provisions of Section
89-1-527
.
Laws, 1993, ch. 407, § 1; Laws, 1997, ch. 456, § 1; Laws, 2005, ch. 329, § 2, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › REAL ESTATE TRANSFER DISCLOSURE REQUIREMENTS (§§ 89-1-501 — 89-1-527) › Section 89-1-503 - Delivery of written statement required; indication of compliance; right of transferee to terminate for late delivery; failure of transferor to provide certain information

(1)
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:
(a)
In the case of a sale, as soon as practicable before transfer of title.
(b)
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 Sections
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.
(2)
If a transferor of real property subject to Sections
89-1-501
through
89-1-523
shall fail to deliver the disclosure statement required by Sections
89-1-501
through
89-1-523
, or fails to complete some portion of the disclosure statement, the prospective transferee is presumed to be on notice to inquire of the transferor concerning the content of the disclosure or the lack thereof. Any duly licensed real estate broker or salesperson involved with the transaction shall have no duty or obligation nor be subject to discipline or other action of any kind by any licensing authority of the State of Mississippi, pertaining to the disclosure or the failure of any disclosure to comply with Sections
89-1-501
through
89-1-523
, or the delivery thereof.
Laws, 1993, ch. 407, § 2; Laws, 2002, ch. 512, § 17, eff. 7/1/2002.
Amended by Laws, 2024, ch. 423, HB 1271,§ 2, eff. 4/23/2024.
Amended by Laws, 2023, ch. 385, SB 2647,§ 2, eff. 3/14/2023.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › REAL ESTATE TRANSFER DISCLOSURE REQUIREMENTS (§§ 89-1-501 — 89-1-527) › Section 89-1-505 - Limit on duties and liabilities with respect to information required or delivered

(1)
The transferor shall not 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, 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 the information.
(2)
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 of any further duty under Sections
89-1-501
through
89-1-523
with respect to that item of information.
(3)
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.
(4)
No 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
.
(5)
The Mississippi Real Estate Commission shall not promulgate any rule or regulation, nor make any administrative or other interpretation, whereby any real estate licensee may be held responsible or subject to discipline or other actions by the commission relating to the provisions of this section or the information required to be disclosed by Sections
89-1-501
through
89-1-523
or delivery of information required to be disclosed by Sections
89-1-501
through
89-1-523
.
Laws, 1993, ch. 407, § 3, eff. 7/1/1993.
Amended by Laws, 2023, ch. 385, SB 2647,§ 3, eff. 3/14/2023.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › REAL ESTATE TRANSFER DISCLOSURE REQUIREMENTS (§§ 89-1-501 — 89-1-527) › Section 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 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, and is not used for the purpose of circumventing or evading Sections
89-1-501
through
89-1-523
.
Laws, 1993, ch. 407, § 4, eff. 7/1/1993.
Amended by Laws, 2023, ch. 385, SB 2647,§ 4, eff. 3/14/2023.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › REAL ESTATE TRANSFER DISCLOSURE REQUIREMENTS (§§ 89-1-501 — 89-1-527) › Section 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.
Laws, 1993, ch. 407, § 5; Laws, 1997, ch. 456, § 2; Laws, 1999, ch. 588, § 4, eff. 1/1/2000.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › REAL ESTATE TRANSFER DISCLOSURE REQUIREMENTS (§§ 89-1-501 — 89-1-527) › Section 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.
Laws, 1993, ch. 407, § 6, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › REAL ESTATE TRANSFER DISCLOSURE REQUIREMENTS (§§ 89-1-501 — 89-1-527) › Section 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.
Laws, 1993, ch. 407, § 7, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › REAL ESTATE TRANSFER DISCLOSURE REQUIREMENTS (§§ 89-1-501 — 89-1-527) › Section 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, but the amendment shall be subject to the provisions of Section
89-1-503
.
Laws, 1993, ch. 407, § 8, eff. 7/1/1993.
Amended by Laws, 2023, ch. 385, SB 2647,§ 5, eff. 3/14/2023.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › REAL ESTATE TRANSFER DISCLOSURE REQUIREMENTS (§§ 89-1-501 — 89-1-527) › Section 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.
Laws, 1993, ch. 407, § 9, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › REAL ESTATE TRANSFER DISCLOSURE REQUIREMENTS (§§ 89-1-501 — 89-1-527) › Section 89-1-519 - [Repealed]

Repealed by Laws, 2024, ch. 423, HB 1271,§ 3, eff. 4/23/2024.
Amended by Laws, 2023, ch. 385, SB 2647,§ 6, eff. 3/14/2023.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › REAL ESTATE TRANSFER DISCLOSURE REQUIREMENTS (§§ 89-1-501 — 89-1-527) › Section 89-1-521 - [Repealed]

Laws, 1993, ch. 407, § 11, eff. 7/1/1993.
Repealed by Laws, 2023, ch. 385, SB 2647,§ 9, eff. 3/14/2023.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › REAL ESTATE TRANSFER DISCLOSURE REQUIREMENTS (§§ 89-1-501 — 89-1-527) › Section 89-1-523 - Noncompliance with disclosure requirements not to invalidate transfer

(1)
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
.
(2)
Notwithstanding any other provision of law to the contrary, no real estate licensee shall be subject to discipline or other action of any kind by any licensing authority of the State of Mississippi pertaining to information required to be disclosed by Sections
89-1-501
through
89-1-523
or delivery of information required to be disclosed by Sections
89-1-501
through
89-1-523
.
Laws, 1993, ch. 407, § 12, eff. 7/1/1993.
Amended by Laws, 2024, ch. 423, HB 1271,§ 4, eff. 4/23/2024.
Amended by Laws, 2023, ch. 385, SB 2647,§ 7, eff. 3/14/2023.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › REAL ESTATE TRANSFER DISCLOSURE REQUIREMENTS (§§ 89-1-501 — 89-1-527) › Section 89-1-525 - [Repealed]

Laws, 1997, ch. 456, § 3, eff. 7/1/1997.
Repealed by Laws, 2023, ch. 385, SB 2647,§ 9, eff. 3/14/2023.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › REAL ESTATE TRANSFER DISCLOSURE REQUIREMENTS (§§ 89-1-501 — 89-1-527) › Section 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

(1)
The fact or suspicion that real property is or was:
(a)
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);
(b)
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;
(c)
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.
(2)
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 subsection, if known to a property owner or licensee shall be disclosed if requested by a consumer.
(3)
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).
Laws, 2005, ch. 329, § 1, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 2 - LIABILITY OF RECREATIONAL LANDOWNERS (§§ 89-2-1 — 89-2-27) › Article 1 - OUTDOOR RECREATIONAL LAND (§§ 89-2-1 — 89-2-7) › Section 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:
(a)
Be presumed to extend any assurance that such land or water area is safe for any purpose;
(b)
Incur any duty of care toward a person who goes on the land or water area; or
(c)
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.
Laws, 1978, ch. 488, § 1(1), eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 2 - LIABILITY OF RECREATIONAL LANDOWNERS (§§ 89-2-1 — 89-2-27) › Article 1 - OUTDOOR RECREATIONAL LAND (§§ 89-2-1 — 89-2-7) › Section 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, cycling, pleasure driving, nature study, water skiing and visiting historical, archaeological, scenic or scientific sites.
Laws, 1978, ch. 488, § 1(3), eff. 7/1/1978.
Amended by Laws, 2024, ch. 531, SB 2792,§ 17, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 2 - LIABILITY OF RECREATIONAL LANDOWNERS (§§ 89-2-1 — 89-2-27) › Article 1 - OUTDOOR RECREATIONAL LAND (§§ 89-2-1 — 89-2-7) › Section 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.
Laws, 1978, ch. 488, § 1(2), eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 2 - LIABILITY OF RECREATIONAL LANDOWNERS (§§ 89-2-1 — 89-2-27) › Article 1 - OUTDOOR RECREATIONAL LAND (§§ 89-2-1 — 89-2-7) › Section 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.
Laws, 1978, ch. 488, § 2, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 2 - LIABILITY OF RECREATIONAL LANDOWNERS (§§ 89-2-1 — 89-2-27) › Article 3 - LIMITATION OF LIABILITY (§§ 89-2-21 — 89-2-27) › Section 89-2-21 - Definitions

For the purposes of this article, the following words shall have the meanings ascribed herein, unless the context otherwise requires:
(a)
"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.
(b)
"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.
Laws, 1986, ch. 360, § 1, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 2 - LIABILITY OF RECREATIONAL LANDOWNERS (§§ 89-2-1 — 89-2-27) › Article 3 - LIMITATION OF LIABILITY (§§ 89-2-21 — 89-2-27) › Section 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.
Laws, 1986, ch. 360, § 2, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 2 - LIABILITY OF RECREATIONAL LANDOWNERS (§§ 89-2-1 — 89-2-27) › Article 3 - LIMITATION OF LIABILITY (§§ 89-2-21 — 89-2-27) › Section 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, cycle or sightsee upon land or premises shall not, by the sole act of giving such permission, be considered or construed to have:
(a)
Extended any assurance that the premises are safe for such purposes;
(b)
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
(c)
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
.
Laws, 1986, ch. 360, § 3, eff. 7/1/1986.
Amended by Laws, 2024, ch. 531, SB 2792,§ 18, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 2 - LIABILITY OF RECREATIONAL LANDOWNERS (§§ 89-2-1 — 89-2-27) › Article 3 - LIMITATION OF LIABILITY (§§ 89-2-21 — 89-2-27) › Section 89-2-27 - Exceptions to limitation of liability

This article shall not limit any liability which otherwise exists for:
(a)
Willful or malicious failure to guard or warn against a hazardous condition, use, structure or activity;
(b)
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
(c)
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.
Laws, 1986, ch. 360, § 4, eff. 7/1/1986.