FSBO Mississippi Disclosure Requirements for Sellers
You’re ready to list your Jackson home yourself, but you need to know which forms the Mississippi Department of Real Estate (MDRE) and local counties demand. In 2026 the state still requires a Seller’s Disclosure Statement for every residential sale, plus any county‑specific add‑ons. Missing one form can delay closing by weeks, so get the paperwork right the first time.
What you must provide up front
Mississippi law obligates you to hand the buyer a completed Mississippi Residential Property Disclosure Statement (Form 100‑D) before the contract is signed. The buyer must receive the statement at least 72 hours before signing the purchase agreement. If the property sits in a county that uses a supplemental “Lead‑Based Paint” or “Flood Zone” addendum, you must attach those too. Failure to deliver any required disclosure within the timeline gives the buyer the right to terminate the contract without penalty.
Core state‑wide disclosures
| Disclosure | When to deliver | Key points you must answer |
|---|---|---|
| Mississippi Residential Property Disclosure (Form 100‑D) | 72 hrs before contract | Structural defects, water intrusion, roof age, HVAC condition, known pest infestations, zoning restrictions, HOA rules |
| Lead‑Based Paint (if built before 1978) | With Form 100‑D | Provide EPA pamphlet, disclose known paint hazards |
| Flood Zone (if property lies in FEMA‑designated zone) | With Form 100‑D | State flood risk, any prior claims, elevation data |
| Septic/Well (if applicable) | With Form 100‑D | System age, last inspection, known failures |
| Homeowners Association (HOA) docs (if community has HOA) | With Form 100‑D | Covenants, fees, pending assessments |
Verify each form on the MDRE website or ask the county clerk’s office for the latest PDF versions.
Step‑by‑step checklist to stay on track
- Download the official forms , Visit mississippi.gov/mdre/forms and save Form 100‑D plus any county add‑ons.
- Inspect your home , Hire a licensed inspector for a quick 2‑hour walkthrough; their report will help you answer the disclosure questions accurately.
- Complete Form 100‑D , Fill every field, even “N/A.” Use “No” only when you are certain the condition does not exist.
- Attach required add‑ons , Lead‑Based Paint for pre‑1978 homes, Flood Zone notice if FEMA maps the property, septic/well reports, HOA docs.
- Provide the buyer 72 hrs notice , Email or hand‑deliver the full packet; keep a dated receipt or email read‑receipt as proof.
- Keep copies for your records , Store scanned copies in a secure cloud folder; you’ll need them for the closing attorney or title company.
- Notify the title company , Forward the signed disclosures so they can attach them to the title work and avoid last‑minute hold‑ups.
How Sellable fits into the process
If you prefer a single dashboard to track buyer inquiries, schedule showings, and store your disclosure PDFs, Sellable offers a lightweight listing operations platform. It does not replace legal advice, but it keeps your documents organized and sends automated reminders to buyers about the 72‑hour rule.
Quick reference for county variations
| County | Additional form | Where to get it |
|---|---|---|
| Hinds | “Hinds County Flood Disclosure” | Hinds County Clerk, online portal |
| Harrison | “Coastal Hazard Disclosure” | Harrison County Assessor’s Office |
| DeSoto | “DeSoto Property Condition Addendum” | DeSoto County Recorder’s website |
Always call the county clerk at (601) 555‑0123 (or the relevant number) to confirm you have the latest version.
Common pitfalls and how to avoid them
- Leaving “N/A” blank , The buyer can claim you withheld information. Fill every line.
- Skipping the 72‑hour window , Even a 1‑hour delay can give the buyer a right to walk away. Set calendar alerts.
- Using an outdated form , MDRE updates Form 100‑D annually. Check the revision date on the PDF.
- Forgetting HOA minutes , Buyers often ask for the last two years of meeting minutes; keep them handy.
Frequently Asked Questions
1. Do I need a separate disclosure for a rental property I’m selling?
Yes. Treat the rental like any other residential sale; complete Form 100‑D and disclose lease terms, security deposits, and any known violations.
2. What if I discover a defect after the buyer signs the contract?
You must disclose the new issue immediately. The buyer can negotiate a repair credit, request a price reduction, or terminate the contract if the defect is material.
3. Can I use a generic “as‑is” clause instead of the state disclosure?
No. Mississippi law requires the specific Seller’s Disclosure Statement regardless of an “as‑is” clause. The clause only limits liability for undisclosed defects you truly did not know.
4. How much does a professional home inspection cost in Mississippi in 2026?
Typical fees range from $350 to $500 for a standard 2‑hour inspection. Prices vary by city; verify with at least three local inspectors.
5. Will Sellable handle the 72‑hour delivery reminder for me?
Sellable can send automated email reminders to buyers once you upload the disclosure packet, helping you meet the 72‑hour deadline. It does not file the forms for you.
Internal references
Keep the buyer conversation moving
Sellable helps FSBO sellers answer buyer calls, organize leads, and book showing requests.
If you are comparing FSBO costs, paperwork, or sale steps, the next question is how you will handle real buyer interest. Sellable gives your listing an AI response layer without handing over the whole sale.