Mississippi Real Estate Commission

Disclosure of information concerning size or area of property involved in real estate transaction; liability; remedy for violation of section

< All Topics

1)(a) In connection with any real estate transaction, the size or area, in
square footage or otherwise, of the subject property, if provided by
any real estate licensee in accordance with paragraph (b)(i) and (ii),
shall not be considered any warranty or guarantee of the size or area
information, in square footage or otherwise, of the subject property.
(b)(i) If a real estate licensee provides any party to a real estate transaction
with third-party information concerning the size or area, in square
footage or otherwise, of the subject property involved in the
transaction, the licensee shall identify the source of the information.
(ii) For the purposes of this section, “third-party information” means:

  1. An appraisal or any measurement information prepared by a
    licensed appraiser;
  2. A surveyor developer’s plan prepared by a licensed surveyor;
  3. A tax assessor’s public record; or
  4. A builder’s plan used to construct or market the property.
    (c) A real estate licensee has no duty to the seller or purchaser of real
    property to conduct an independent investigation of the size or area,
    in square footage or otherwise, of a subject property, or to
    independently verify the accuracy of any third-party information.
    (d) A real estate licensee who has complied with the requirements of
    this section, as applicable, shall have no further duties to the seller
    or purchaser of real property regarding disclosed or undisclosed
    property size or area information, and shall not be subject to liability
    to any party for any damages sustained with regard to any
    conflicting measurements or opinions of size or area, including
    exemplary or punitive damages.
    (2)(a) If a real estate licensee has provided third-party information to any
    party to a real estate transaction concerning size or area of the
    subject real property, a party to the real estate transaction may
    recover damages from the licensee in a civil action only when a
    licensee knowingly violates the duty to disclose the source of the
    information as required in this section. However, nothing in this
    section shall provide immunity from civil liability to any licensee
    who knowingly misrepresents the size or area of the subject real
    property.
    (b) The sole and exclusive civil remedy at common law or otherwise for
    a violation of this section by a real estate licensee shall be an action
    for actual damages suffered by the party as a result of such violation
    and shall not include exemplary or punitive damages.
    (c) For any real estate transaction commenced after July 1, 2013, any
    civil action brought pursuant to this section shall be commenced
    within two (2) years after the date of transfer of the subject real
    property.
    (d) In any civil action brought pursuant to this section, the prevailing
    party shall be allowed court costs and reasonable attorney fees to be
    set by the court and collected as costs of the action.
    (e) A transfer of a possessory interest in real property subject to the
    provisions of this section may not be invalidated solely because of
    the failure of any person to comply with the provisions of this
    section.
    (f) The provisions of this section shall apply to, regulate and determine
    the rights, duties, obligations and remedies, at common law or
    otherwise, of the seller marketing the seller’s real property for sale
    through a real estate licensee, and of the purchaser of real property
    offered for sale through a real estate licensee, with respect to
    disclosure of third-party information concerning the subject real
    property’s size or area, in square footage or otherwise, and this
    section hereby supplants and abrogates all common-law liability,
    rights, duties, obligations and remedies of all parties therefor.
Previous §89-1-527. Failure to disclose nonmaterial fact
Table of Contents