Disclosures in Real Estate


If it has to do with land, it has to be in writing. He said, she said doesn't cut it in court. If it’s not in writing, it takes a pretty good lawyer to prove it was said. Document, document, document and disclose, disclose, disclose.


Your Realtor, by law, needs to provide you with a Property Condition Disclosure Form approved by the Mississippi Real Estate Commission if you are selling a house, a duplex, a tri-plex, or a quad. This form MUST be filled out by YOU…your agent cannot write on this form. This form, signed by both you and the seller, can come in handy if the seller claims you failed to disclose a defect.


A home inspection is a wise thing for your buyer. Probably not a bad thing to have performed prior to listing the property so you can attend to issues that could hold up the sale later on.


If your home was built prior to 1978, your buyer will need the EPA pamphlet on the dangers of lead based paint and the signed lead based paint disclosure saying they received it.


Finally, your attorney will need to draw up documents saying the buyer has inspected the property and is accepting the house “as is.”