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MS HB773

Bill

Status

Failed

2/28/2023

Primary Sponsor

Clay Deweese

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

  • Real estate licensees are exempt from liability and disciplinary action for errors, inaccuracies, or omissions in property condition disclosure statements required under Mississippi Code Sections 89-1-501 through 89-1-523

  • Licensees providing third-party property size/area information (from appraisers, surveyors, tax assessors, or builders) must identify the source but have no duty to independently verify accuracy and cannot be held liable for conflicting measurements

  • The Mississippi Real Estate Commission is prohibited from promulgating rules or taking disciplinary action against licensees related to property disclosure requirements

  • Transferors (sellers) remain responsible for disclosure accuracy only for information within their personal knowledge, while failure to disclose non-material facts (such as deaths, crimes, or prior occupants with HIV/AIDS) cannot give rise to legal action

  • Civil actions for disclosure violations must be filed within 2 years of property transfer, with remedies limited to actual damages (no punitive damages), and the prevailing party may recover attorney fees and court costs

Legislative Description

Real estate brokers and agents; revise liability regarding disclosure statements.

Last Action

Died In Committee

2/28/2023

Committee Referrals

Business and Financial Institutions2/13/2023
Judiciary A1/16/2023

Full Bill Text

No bill text available