MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Business and Financial Institutions
By: Senator(s) DeLano
AN ACT TO AMEND SECTION 73-60-27, MISSISSIPPI CODE OF 1972, TO ALLOW HOME INSPECTORS TO PERFORM INSPECTIONS ON NEW CONSTRUCTION RESIDENTIAL STRUCTURES OR CONDOMINIUM UNITS UP TO 14 DAYS PRIOR, OR LONGER IF THE PURCHASER AND SELLER AGREE IN WRITING, TO THE CLOSING OF A SALE ON A NEW CONSTRUCTION RESIDENTIAL PROPERTY OR RESIDENTIAL CONDOMINIUM UNIT; TO PROVIDE THAT THE ACCEPTANCE OF AN OFFER TO PURCHASE A NEW CONSTRUCTION RESIDENTIAL PROPERTY OR RESIDENTIAL CONDOMINIUM UNIT SHALL NOT BE CONDITIONED UPON THE PURCHASER WAIVING HIS OR HER RIGHT TO AN INSPECTION; TO PROVIDE STANDARD PURCHASE AGREEMENT TERMS TO ENSURE THAT A PURCHASER'S RIGHT TO AN INSPECTION IS CLEARLY STATED AND INCLUDED IN EVERY AGREEMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-60-27, Mississippi Code of 1972, is amended as follows:
73-60-27. (1) On or after July 1, 2001, any person who acts as a home inspector, or holds himself or herself out as a home inspector, without being licensed under this chapter, shall, in addition to any other penalty provided by law, be liable for an administrative fine not to exceed One Thousand Dollars ($1,000.00) for a first offense and not to exceed Five Thousand Dollars ($5,000.00) for a second or subsequent offense as determined by the Appraisal Board.
(2) The Appraisal Board has the authority and power to investigate any and all unlicensed activity.
(3) No licensed home inspector may perform repairs on a residential building as part of or result of the home inspection.
(4) * * * Notwithstanding any provision of law to the
contrary, a prospective purchaser of a new construction residential structure
or residential condominium unit shall have the right to have said structure or
unit inspected by a home inspector licensed under the provisions of this
chapter, up to fourteen (14) days, or a longer period if the seller and purchaser
agree in writing, prior to the closing of a sale on a
new construction residential property or residential condominium unit.
SECTION 2. (1) No seller of a new construction residential structure or residential condominium unit, or agent thereof, shall condition the acceptance of an offer to purchase on the prospective purchaser's agreement to waive, limit, restrict or otherwise forego a prospective purchasers right to have said structure or unit inspected.
(2) Each offer to purchase a new construction residential structure or condominium unit, shall include the following: Buyers are entitled under Section 73-60-27 to choose to have the premises inspected by a licensed home inspector up to fourteen (14) days, or a longer period if the seller and purchaser agree in writing, prior to the closing of a sale on a new construction residential property or residential condominium unit. The inspection shall be at the purchaser's expense. Neither the seller or the purchaser shall make acceptance of the offer to purchase contingent upon waiver, limitation or restriction of the purchaser's right to a home inspection. Should the purchaser choose to have the premises inspected, and if the results are not satisfactory, the purchaser shall have the right to give written notice to the seller or the seller's agent by 5:00 p.m. on the fourteenth day prior to the closing of a sale, or a longer period if the seller and purchaser agree in writing, terminating the purchase agreement. Upon receipt of such notice, the purchase agreement shall be void and all monies deposited by the purchaser shall be returned. Failure to provide timely notice of termination shall constitute a waiver of such right. In the event that the purchaser does not exercise the right to have such inspection(s) or to so terminate, the seller and the listing broker are each released from claims relating to the condition of the premises that the purchaser or the purchasers licensed home inspector could have reasonably discovered.
(3) Nothing in this section shall be construed to require, mandate or otherwise compel a prospective purchaser to obtain an inspection following the acceptance by the seller of an offer to purchase. The prospective purchaser's right to obtain an inspection shall expire if no inspection occurs up to fourteen (14) days, or a longer period if the seller and purchaser agree in writing, prior to the closing of a sale on a new construction residential property or residential condominium unit.
SECTION 3. This act shall take effect and be in force from and after July 1, 2025.