ByOwnerHub.comMississippi FSBO Disclosure Requirements (2026)
Legal Guide6 min read

Mississippi FSBO Disclosure Requirements (2026)

Published October 2, 2025

Mississippi Disclosure Law

Miss. Code Ann. §89-1-501 requires sellers to provide a written disclosure statement to buyers before or at the time of executing a purchase contract.

What Must Be Disclosed

  • Roof condition and any known leaks
  • Foundation or structural defects
  • Basement or crawl space moisture
  • HVAC, plumbing, and electrical systems
  • Termite or wood-destroying organism damage
  • Any known flooding history
  • Environmental hazards
  • Encroachments or boundary disputes
  • Termite Disclosure

    Mississippi has among the highest termite activity in the US. While the disclosure form asks about pest damage, sellers should also be aware that WDO inspections are required by FHA and VA lenders. If you know of past termite damage, disclose it — even if treated.

    Flood and Wind

    Gulf Coast properties face heightened flood and wind risks. FEMA flood zone status must be disclosed. Buyers in flood zones must obtain flood insurance — this is a material fact. Sellers should also disclose any history of hurricane or flood damage.

    Exemptions

    New construction, foreclosure sales, estate transfers, and court-ordered sales are exempt from the Mississippi disclosure requirement.

    Penalties

    Failure to disclose known material defects gives buyers grounds for rescission and fraud damages under Mississippi law.

    Download the Mississippi disclosure form at byownerhub.com/mississippi-fsbo-guide.

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