Mississippi Property Condition Disclosure Statement (PCDS) — the official form promulgated by the Mississippi Real Estate Commission (MREC) under the Real Estate Transfer Disclosure Requirements, Miss. Code Ann. §§ 89-1-501 to 89-1-527 — Mississippi Code Annotated §§ 89-1-501 through 89-1-527 (Title 89, Chapter 1, "Real Estate Transfer Disclosure Requirements"). Key provisions: §89-1-501 (applicability and statutory exclusions), §89-1-503 (duty to deliver, timing, buyer's rescission right), §89-1-509 (form/content), §89-1-523 (licensee liability, amended by HB 773 in 2023 and HB 1271 in 2024). Mississippi is NOT a caveat-emptor state for licensee-assisted sales of 1-4 unit residential property — it has a real, detailed, mandatory written-disclosure statute.
Mississippi requires sellers of 1-4 unit residential property to complete and deliver the MREC's official Property Condition Disclosure Statement (PCDS) to a prospective buyer before the buyer signs a purchase offer or binding contract, whenever the transaction is executed by or with the aid of a licensed real estate broker or salesperson (Miss. Code §§89-1-501 to 89-1-527). This is a genuine, statutorily mandated disclosure regime — Mississippi is NOT a caveat-emptor state in this context, contrary to a common misconception repeated in some blog content. That said, coverage has real limits: it applies only to licensee-assisted sales of 1-4 unit dwellings (an unrepresented private/FSBO sale with no broker involved falls outside the statute's stated applicability), a substantial list of transfer types is fully excluded, and even in covered sales the seller's duty is limited to actual personal knowledge — there is no duty to inspect, investigate, or test the property, and the PCDS explicitly is not a warranty of any kind. A seller who never occupied the home and has no actual knowledge of its condition may lawfully check two boxes on page 1 of the form and leave the rest blank. If the PCDS is delivered late (after the buyer already signed an offer/contract), or a material amendment is delivered late, the buyer gets a short rescission window — 3 days after in-person delivery or 5 days after mailing — to cancel and get earnest money back. Real estate licensees involved in the transaction bear no liability for the content or non-delivery of the PCDS (a protection strengthened by 2023-2024 amendments), and liability for a knowingly false or incomplete statement falls on the seller, who can owe the buyer actual damages.
The Mississippi Legislature amended the disclosure statutes twice recently: HB 773 (2023 Regular Session) amended §§73-35-4.1, 89-1-503, 89-1-505, 89-1-507, 89-1-515, 89-1-519, 89-1-523, and 89-1-527 regarding disclosure liability; HB 1271 (2024 Regular Session) further amended §§73-35-21 and 89-1-503, repealed §89-1-519, and revised §89-1-523 to clarify that a licensed broker or salesperson involved in the transaction has no duty or liability, and is not subject to licensing discipline, for the disclosure or any failure of the disclosure to comply with §§89-1-501 through 89-1-523 — shifting responsibility for PCDS accuracy squarely onto the seller. The current MREC PCDS form on file is the 04-19-2023 fillable version, reflecting the post-HB-773 form. No caveat-emptor rollback has occurred; the disclosure mandate remains in force through 2026.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.