Mississippi Real Estate Commission

§89-1-505. Limit on duties and liabilities with respect to information required or delivered

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(1) 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.

(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 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.


(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.

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