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Legal Guide6 min read

Mississippi FSBO Disclosure Requirements (2026)

Published October 2, 2025

Mississippi FSBO Disclosure Requirements (2026)

Mississippi's Residential Property Disclosure Statement covers the primary requirements. Hurricane damage history (particularly Katrina for Gulf Coast sellers), flooding along the Mississippi River and tributaries, termite disclosure, and the Keesler AFB military buyer pool for Gulf Coast properties are the most distinctive Mississippi FSBO issues.

Mississippi Disclosure Framework

Mississippi Code §89-1-501 et seq. requires the Residential Property Disclosure Statement. Sellers provide before or at contract; buyers have 3 business days to rescind after receipt.

Mississippi's form uses the "Yes/No/Unknown" format covering structural conditions, flooding, environmental hazards, and other material facts.

Hurricane Katrina and Gulf Coast Storm Damage Disclosure

Hurricane Katrina (2005) devastated Mississippi's Gulf Coast with storm surge heights of 25–28 feet — the highest storm surge ever recorded in the United States at the time. Harrison and Hancock counties (Biloxi, Gulfport, Bay St. Louis, Waveland) sustained catastrophic damage.

Katrina disclosure requirements: If your property was damaged by Katrina or any subsequent hurricane, disclosure is mandatory. Include:

  • Date and name of storm(s)
  • Extent of damage (structure, roof, foundation, interior)
  • Repairs performed and whether permitted
  • FEMA disaster assistance received
  • Insurance claims filed and settled
  • The Gulf Coast also experienced significant flooding and storm damage from Hurricane Isaac (2012) and Hurricane Ida (2021) in portions of the region. Any storm damage during ownership is material.

    Post-Katrina Construction Quality

    Mississippi's building codes were dramatically strengthened after Katrina. Homes built after 2006 in coastal areas (designated Wind Zones) must meet stricter wind resistance requirements:

  • Impact-resistant windows or storm shutters
  • Reinforced roof-to-wall connections (hurricane straps)
  • Improved garage door wind resistance
  • Elevated construction (FEMA elevation requirements)
  • If your home was rebuilt post-Katrina, these features are selling points — disclose them positively in your listing description. Wind mitigation features significantly reduce homeowner's insurance costs.

    Mississippi River and Tributary Flooding

    Western and Delta Mississippi communities near the Mississippi River, Yazoo River, Big Black River, and other tributaries have FEMA flood zone exposure. The 2011 Mississippi River flooding was one of the highest-water events in the river's recorded history, with the Yazoo River backflooding into western Mississippi communities.

    Disclose any flooding during ownership. FEMA flood zone at msc.fema.gov.

    Termite Disclosure — Mississippi's Climate Challenge

    Mississippi's hot, humid climate supports among the most active termite populations in the US — both subterranean (Formosan and eastern subterranean species) and drywood termites are present. WDO inspections are standard for all Mississippi real estate transactions.

    Disclose:

  • Any known active or prior termite infestation
  • Any termite damage to structural elements
  • Current termite bond (annual warranty from a licensed pest control company)
  • Most recent WDO inspection results
  • A current termite bond ($50–$150/year renewal) is a strong selling feature. Buyers will typically require a WDO inspection.

    Mississippi No Transfer Tax

    Mississippi has no state real estate transfer tax. Seller closing costs are modest outside of title insurance and buyer's agent commission.

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