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HB1656 • 2026

Real Estate Brokerage Agreements; regulate.

AN ACT TO CREATE NEW SECTION 73-35-39, MISSISSIPPI CODE OF 1972, TO REGULATE REAL ESTATE BROKERS' AGREEMENTS; AND FOR RELATED PURPOSES.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Deweese, Nelson
Last action
2026-03-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill did not pass and therefore has no effective date.

Regulating Real Estate Brokerage Agreements

This bill aims to regulate real estate brokerage agreements for residential properties with up to four dwelling units.

What This Bill Does

  • Creates new rules for real estate brokers' agreements in Mississippi.
  • Requires written brokerage agreements before listing or submitting offers on behalf of clients.
  • Allows buyers and sellers to choose specific types of brokerage services through signed agreements.

Who It Names or Affects

  • Real estate brokers and salespeople in Mississippi
  • Buyers and sellers of residential properties with up to four dwelling units

Terms To Know

Brokerage agreement
A written contract between a real estate broker or agent and their client, outlining the services provided and compensation terms.
Dwelling unit
A single residential space within a building that is designed for occupancy by one household.

Limits and Unknowns

  • The bill did not pass during its session.
  • It does not apply to transfers made under court orders or due to defaults in mortgage payments.

Bill History

  1. 2026-03-03 Mississippi Legislative Bill Status System

    03/03 (S) Died In Committee

  2. 2026-02-16 Mississippi Legislative Bill Status System

    02/16 (S) Referred To Business and Financial Institutions

  3. 2026-02-05 Mississippi Legislative Bill Status System

    02/05 (H) Transmitted To Senate

  4. 2026-02-04 Mississippi Legislative Bill Status System

    02/04 (H) Passed

  5. 2026-01-28 Mississippi Legislative Bill Status System

    01/28 (H) Title Suff Do Pass

  6. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (H) Referred To Business and Commerce

Official Summary Text

Real Estate Brokerage Agreements; regulate.

Current Bill Text

Read the full stored bill text 
H. B. No. 1656 *HR43/R2112* ~ OFFICIAL ~ G1/2
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PAGE 1 (GT\KP)

To: Business and Commerce
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Deweese, Nelson

HOUSE BILL NO. 1656

AN ACT TO CREATE NEW SECTION 73-35-39, MISSISSIPPI CODE OF 1
1972, TO REGULATE REAL ESTATE BROKERS' AGREEMENTS; AND FOR RELATED 2
PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. The following shall be codified as Section 5
73-35-39, Mississippi Code of 1972: 6
73-35-39. (1) The provisions of this section apply only 7
with respect to real property on which a dwelling unit is 8
located, or residential stock cooperative improved with or 9
consisting of not less than one (1) nor more than four (4) 10
dwelling units, when the execution of such transfers is by, or 11
with the aid of, a duly licensed real estate broker or 12
salesperson. There are specifically excluded from the 13
provisions of this section: 14
(a) Transfers pursuant to court order, including, but 15
not limited to, transfers ordered by a probate court in 16
administration of an estate, transfers pursuant to a writ of 17
execution, transfers by any foreclosure sale, transfers by a 18
H. B. No. 1656 *HR43/R2112* ~ OFFICIAL ~
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trustee in bankruptcy, transfers by eminent domain, and 19
transfers resulting from a decree for specific performance. 20
(b) Transfers to a mortgagee by a mortgagor or 21
successor in interest who is in default, transfers to a 22
beneficiary of a deed of trust by a trustor or successor in 23
interest who is in default, transfers by any foreclosure sale 24
after default, in an obligation secured by a mortgage, transfers 25
by a sale under a power of sale or any foreclosure sale under a 26
decree of foreclosure after default in an obligation secured by 27
a deed of trust or secured by any other instrument containing a 28
power of sale, or transfers by a mortgagee or a beneficiary 29
under a deed of trust who has acquired the real property at a 30
sale conducted pursuant to a power of sale under a mortgage or 31
deed of trust or a sale pursuant to a decree of foreclosure or 32
has acquired the real property by a deed in lieu of foreclosure. 33
(c) Transfers by a fiduciary in the course of the 34
administration of a decedent's estate, guardianship, 35
conservatorship or trust. 36
(d) Transfers from one co-owner to one or more other 37
co-owners. 38
(e) Transfers made to a spouse, or to a person or 39
persons in the lineal line of consanguinity of one or more of 40
the transferors. 41
(f) Transfers between spouses resulting from a decree 42
of dissolution of marriage or a decree of legal separation or 43
H. B. No. 1656 *HR43/R2112* ~ OFFICIAL ~
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from a property settlement agreement incidental to such a 44
decree. 45
(g) Transfers or exchanges to or from any governmental 46
entity. 47
(h) Transfers of real property on which no dwelling is 48
located. 49
(2) In addition to agency disclosures to sellers and buyers 50
required by the Mississippi Real Estate Commission, the consumer 51
who is a seller or buyer may make an affirmative election of a 52
specific type of brokerage service that is available from the 53
real estate company by signing a brokerage agreement. The 54
brokerage agreement shall contain a statement of the terms and 55
conditions of the brokerage services that the company will 56
provide, and information on how the company and licensees are to 57
be compensated for the brokerage services. A licensee may not 58
be required to enter into a brokerage agreement with a 59
prospective buyer customer in order for a licensee to provide a 60
tour of a property to that prospective buyer. A written 61
brokerage agreement is required prior to a licensee either 62
listing for sale or submitting an offer on a property on behalf 63
of a client or customer for compensation. A written brokerage 64
agreement is required prior to a licensee either listing for 65
sale or submitting an offer on a property on behalf of a client 66
or customer for compensation. A buyer brokerage agreement shall 67
not be required of a seller's agent conducting an open house as 68
H. B. No. 1656 *HR43/R2112* ~ OFFICIAL ~
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ST: Real Estate Brokerage Agreements; regulate.
to prospective buyers, or as to a buyer customer for whom a 69
seller's agent presents an offer on a property acting solely for 70
the seller without receiving compensation from the buyer. 71
SECTION 2. This act shall take effect and be in force from 72
and after July 1, 2026. 73