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To: Business and Financial
Institutions
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Johnson, Norwood
SENATE BILL NO. 2713
AN ACT TO AUTHORIZE A CONSUMER WHO IS A SELLER OR BUYER TO 1
MAKE AN AFFIRMATIVE ELECTION OF A SPECIFIC TYPE OF BROKERAGE 2
SERVICE THAT IS AVAILABLE FROM A REAL ESTATE COMPANY BY SIGNING A 3
BROKERAGE AGREEMENT UNDER THE PROVISIONS OF CHAPTER 35, TITLE 73, 4
MISSISSIPPI CODE OF 1972; TO REQUIRE SUCH AGREEMENT TO CONTAIN A 5
STATEMENT OF THE TERMS AND CONDITIONS OF THE BROKERAGE SERVICES 6
THAT THE COMPANY WILL PROVIDE AND INFORMATION ON HOW THE COMPANY 7
AND LICENSEES WILL BE COMPENSATED FOR THE BROKERAGE SERVICES TO BE 8
PROVIDED; TO PROVIDE THAT A LICENSEE SHALL NOT BE REQUIRED TO 9
ENTER INTO A BROKERAGE AGREEMENT WITH A CUSTOMER WHO IS A 10
PROSPECTIVE BUYER IN ORDER FOR A LICENSEE TO PROVIDE A TOUR OF A 11
PROPERTY TO THAT PROSPECTIVE BUYER; TO SET FORTH WHEN A WRITTEN 12
BROKERAGE AGREEMENT SHALL AND SHALL NOT BE REQUIRED; TO IDENTIFY 13
TYPES OF REAL PROPERTY TO WHICH THE PRECEDING PROVISIONS APPLY AND 14
TO EXCLUDE CERTAIN TRANSFERS FROM SUCH PROVISIONS; AND FOR RELATED 15
PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. (1) In addition to agency disclosures to sellers 18
and buyers required by the Mississippi Real Estate Commission, a 19
consumer who is a seller or buyer may make an affirmative election 20
of a specific type of brokerage service that is available from a 21
real estate company by signing a brokerage agreement. The 22
brokerage agreement shall contain a statement of the terms and 23
conditions of the brokerage services that the company will provide 24
and information on how the company and licensees will be 25
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compensated for the brokerage services to be provided. A licensee 26
shall not be required to enter into a brokerage agreement with a 27
customer who is a prospective buyer in order for a licensee to 28
provide a tour of a property to that prospective buyer. A written 29
brokerage agreement shall be required prior to a licensee either 30
listing for sale or submitting an offer on a property on behalf of 31
a client or customer for compensation. A buyer brokerage 32
agreement shall not be required of a seller's agent conducting an 33
open house as to prospective buyers, or as to a buyer customer for 34
whom a seller's agent presents an offer on a property acting 35
solely for the seller without receiving compensation from the 36
buyer. 37
(2) (a) Subsection (1) of this section shall apply only 38
with respect to real property on which a dwelling unit is located, 39
or a residential stock cooperative improved with or consisting of 40
not less than one (1) nor more than four (4) dwelling units, when 41
the execution of such transfer is done by, or with the aid of, a 42
duly licensed real estate broker or salesperson. 43
(b) The provisions of this section shall not apply to 44
any of the following: 45
(i) Transfers pursuant to court order, including, 46
but not limited to, transfers ordered by a probate court in 47
administration of an estate, transfers pursuant to a writ of 48
execution, transfers by any foreclosure sale, transfers by a 49
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trustee in bankruptcy, transfers by eminent domain and transfers 50
resulting from a decree for specific performance; 51
(ii) Transfers to a mortgagee by a mortgagor or 52
successor in interest who is in default, transfers to a 53
beneficiary of a deed of trust by a trustor or successor in 54
interest who is in default, transfers by any foreclosure sale 55
after default in an obligation secured by a mortgage, transfers by 56
a sale under a power of sale or any foreclosure sale under a 57
decree of foreclosure after default in an obligation secured by a 58
deed of trust or secured by any other instrument containing a 59
power of sale, or transfers by a mortgagee or a beneficiary under 60
a deed of trust who has acquired the real property at a sale 61
conducted pursuant to a power of sale under a mortgage or deed of 62
trust or a sale pursuant to a decree of foreclosure or has 63
acquired the real property by a deed in lieu of foreclosure; 64
(iii) Transfers by a fiduciary in the course of 65
the administration of a decedent's estate, guardianship, 66
conservatorship or trust; 67
(iv) Transfers from one co-owner to one or more 68
other co-owners; 69
(v) Transfers made to a spouse, or to a person or 70
persons in the lineal line of consanguinity of one or more of the 71
transferors; 72
(vi) Transfers between spouses resulting from a 73
decree of dissolution of marriage or a decree of legal separation 74
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ST: Real estate buyer's agent agreements;
authorize showing of certain real property to
prospective buyers without such agreement.
or from a property settlement agreement incidental to such a 75
decree; 76
(vii) Transfers or exchanges to or from any 77
governmental entity; or 78
(viii) Transfers of real property on which no 79
dwelling is located. 80
SECTION 2. Section 1 of this act shall be codified within 81
Chapter 35, Title 73, Mississippi Code of 1972. 82
SECTION 3. This act shall take effect and be in force from 83
and after July 1, 2026. 84