State guide

Buying or Selling a Home in Mississippi: What You Need to Know

Mississippi is an attorney-closing state where a licensed Mississippi attorney has to prepare the deed and title opinion, and sellers must give buyers a written Property Condition Disclosure Statement before or at the time the buyer makes an offer.

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TL;DR

Mississippi is an attorney-closing state where a licensed Mississippi attorney has to prepare the deed and title opinion, and sellers must give buyers a written Property Condition Disclosure Statement before or at the time the buyer makes an offer. Special rules apply on the Gulf Coast (hurricane and flood disclosure), for properties with severed mineral rights, for dual agency (which needs written consent from both sides), and for the documentary stamp tax that's customarily paid by the seller. Mississippi has no state fair housing law, so federal Fair Housing rules apply directly — and after the settlement, buyers need a signed buyer representation agreement before touring, while the can no longer advertise an offer of buyer-agent compensation.

10 things every Mississippi buyer or seller should know

  • Mississippi is an attorney-closing state, so a licensed Mississippi attorney has to prepare the deed, the deed of trust, and the title opinion that confirms the seller actually owns the home free and clear. Real estate agents and title company staff are not allowed to draft those legal documents, so plan on an attorney fee showing up in your closing costs.

  • Mississippi sellers of one-to-four-unit homes have to complete a written Property Condition Disclosure Statement under Miss. Code §89-1-501 and give it to the buyer before or at the time the buyer makes an offer. The form covers what the seller knows about the roof, plumbing, electrical, heating and cooling, water source, sewer or septic, hazardous materials, and any neighborhood conditions that affect the property's value.

  • Mississippi charges a documentary stamp tax of $1 for every $500 of the home's purchase price when the deed is recorded with the county circuit clerk — about $750 on a $375,000 sale. By local custom the seller pays this tax, but the buyer and seller are free to negotiate who pays it in the purchase contract.

  • Mississippi does not have its own fair housing statute, so the federal Fair Housing Act and HUD enforcement apply directly to every real estate transaction in the state. That means agents and sellers cannot screen, steer, or refuse to deal based on race, color, national origin, religion, sex, family status, or disability.

  • On the Mississippi Gulf Coast — Hancock, Harrison, and Jackson counties — sellers have to disclose prior hurricane or storm damage and repairs, past wind and flood insurance claims, FEMA flood zone, current wind insurance availability and premiums, and any elevation certificates. Post-Katrina, all of this is treated as a material fact that must appear on the Property Condition Disclosure Statement.

  • Mississippi is an oil-and-gas state with a long history of mineral rights being sold or reserved separately from the surface land. If a seller knows that the minerals under the property are owned by someone else, that has to be disclosed on the Property Condition Disclosure Statement — and buyers should ask directly whether mineral rights convey with the sale.

  • Every Mississippi real estate agent has to hand you a state-approved 'Working with a Real Estate Broker' disclosure form the moment your conversation turns substantive — when you start discussing real property needs, price ranges, or terms, not just small talk. The form explains the three agency relationships Mississippi allows: single agency, dual agency, and transaction broker facilitation.

  • Dual agency — where the same agent or brokerage represents both the buyer and the seller in the same deal — is legal in Mississippi only with the prior written informed consent of both parties. Get the consent in writing before the dual-agency situation actually arises, not after an offer is already on the table.

  • Under the NAR settlement effective August 17, 2024, almost every Mississippi agent participating in an MLS has to have a signed written buyer representation agreement with you before they show you any home — including virtual tours. The agreement must spell out exactly how much your agent is paid and how that fee is calculated, and you can never owe more than that amount.

  • If you're financing a Mississippi home with a federally backed mortgage (FHA, VA, or a conventional loan sold to Fannie Mae or Freddie Mac), the lender will run a flood zone check on the property — and if it's in a FEMA special flood hazard area, you have to buy flood insurance before closing. Cash buyers can skip the insurance requirement but are still entitled to the same flood zone disclosures from the seller.

The guides

Common questions

Do I need a lawyer to close on a home in Mississippi?
Yes — Mississippi is an attorney-closing state, so a licensed Mississippi attorney has to prepare the deed, the deed of trust, and the title opinion that confirms clear ownership. Real estate agents and title company employees cannot draft those legal documents themselves. Expect an attorney fee on your closing statement; some buyers and sellers each hire their own attorney, and lenders typically require an attorney-issued title opinion.
What does a Mississippi seller have to disclose about the home?
Mississippi sellers have to complete a written Property Condition Disclosure Statement covering what they know about the roof, plumbing, electrical, HVAC, water source, sewer or septic, hazardous materials, and neighborhood conditions that affect the property's value. The form must be delivered to the buyer before or at the time the offer is made. A few sales — like court-ordered sales, foreclosure sales by lenders, and certain estate sales — are exempt from the disclosure requirement.
Who pays the documentary stamp tax in Mississippi?
Mississippi's documentary stamp tax is $1 for every $500 of the purchase price (about $500 on a $250,000 sale), and by local custom the seller pays it when the deed is filed with the county circuit clerk. The buyer and seller can agree to split it differently in the purchase contract — just make sure whoever is paying it is clearly named in the contract so there are no surprises at closing.
Do I have to sign a buyer agreement before my agent shows me homes?
Under the NAR settlement effective August 17, 2024, almost every Mississippi agent participating in an MLS must have a signed written buyer representation agreement in place before they tour any property with you — even a virtual tour. The agreement has to spell out how much your agent is paid and how the fee is calculated, and you can never owe more than that amount. Mississippi state law itself does not require the agreement, but NAR MLS rules apply to nearly every practicing agent in the state.
Can the same agent represent both me and the other party?
Yes — Mississippi allows dual agency, where one agent or brokerage represents both the buyer and the seller in the same deal, but only with the prior written informed consent of both sides. The consent has to be signed before the dual-agency situation actually arises, not patched together once an offer is on the table. In dual agency, the agent gives up the right to advocate exclusively for either side and instead acts as a neutral facilitator.
I'm selling a Gulf Coast home — what do I have to disclose about hurricane and flood history?
If your property is in Hancock, Harrison, or Jackson County, the Property Condition Disclosure Statement should cover prior storm or hurricane damage and repairs, your insurance claims history (especially wind and flood claims), current wind insurance availability and premiums, FEMA flood zone, and any elevation certificates you have. Post-Katrina, all of this is treated as a material fact under Mississippi disclosure law — failing to disclose it can expose you to liability after closing. Pull records from your insurer and your elevation certificate before listing so you can answer buyer questions quickly.
How does the NAR settlement change how I pay my buyer's agent in Mississippi?
After August 17, 2024, your agent's compensation in Mississippi is set in your written buyer representation agreement, and the MLS is no longer allowed to advertise an offer of buyer-agent compensation. Sellers can still agree to pay your agent — that's negotiated in the purchase contract or in a separate buyer-agent compensation agreement instead of through the MLS. If the seller's contribution is less than what you and your agent agreed to, the difference is on you, so know the number before you start touring.
Do I have to disclose if mineral rights have been severed from my Mississippi property?
Yes — Mississippi has a long history of oil-and-gas activity, and surface owners often do not own the minerals underneath their land. If you know the mineral rights have been sold or reserved by a previous owner, it is a material fact that has to be disclosed on the Property Condition Disclosure Statement. Identify who owns the minerals if you know, note any active oil-and-gas leases on the property, and flag any surface use agreements that let the mineral owner access the land.

Glossary

2 terms
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.