Bill Text: MS SB2713 | 2026 | Regular Session | Engrossed
Bill Title: Real estate buyer's agent agreements; authorize showing of certain real property to prospective buyers without such agreement.
Sponsorship: Bipartisan Bill
Status: (Passed) 2026-03-13 - Approved by Governor [SB2713 Detail]
Download: Mississippi-2026-SB2713-Engrossed.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Business and Financial Institutions
By: Senator(s) Johnson
Senate Bill 2713
(As Passed the Senate)
AN ACT TO AUTHORIZE A CONSUMER WHO IS A SELLER OR BUYER TO MAKE AN AFFIRMATIVE ELECTION OF A SPECIFIC TYPE OF BROKERAGE SERVICE THAT IS AVAILABLE FROM A REAL ESTATE COMPANY BY SIGNING A BROKERAGE AGREEMENT UNDER THE PROVISIONS OF CHAPTER 35, TITLE 73, MISSISSIPPI CODE OF 1972; TO REQUIRE SUCH AGREEMENT TO CONTAIN A STATEMENT OF THE TERMS AND CONDITIONS OF THE BROKERAGE SERVICES THAT THE COMPANY WILL PROVIDE AND INFORMATION ON HOW THE COMPANY AND LICENSEES WILL BE COMPENSATED FOR THE BROKERAGE SERVICES TO BE PROVIDED; TO PROVIDE THAT A LICENSEE SHALL NOT BE REQUIRED TO ENTER INTO A BROKERAGE AGREEMENT WITH A CUSTOMER WHO IS A PROSPECTIVE BUYER IN ORDER FOR A LICENSEE TO PROVIDE A TOUR OF A PROPERTY TO THAT PROSPECTIVE BUYER; TO SET FORTH WHEN A WRITTEN BROKERAGE AGREEMENT SHALL AND SHALL NOT BE REQUIRED; TO IDENTIFY TYPES OF REAL PROPERTY TO WHICH THE PRECEDING PROVISIONS APPLY AND TO EXCLUDE CERTAIN TRANSFERS FROM SUCH PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) In addition to agency disclosures to sellers and buyers required by the Mississippi Real Estate Commission, a consumer who is a seller or buyer may make an affirmative election of a specific type of brokerage service that is available from a real estate company by signing a brokerage agreement. The brokerage agreement shall contain a statement of the terms and conditions of the brokerage services that the company will provide and information on how the company and licensees will be compensated for the brokerage services to be provided. A licensee shall not be required to enter into a brokerage agreement with a customer who is a prospective buyer in order for a licensee to provide a tour of a property to that prospective buyer. A written brokerage agreement shall be required prior to a licensee either listing for sale or submitting an offer on a property on behalf of a client or customer for compensation. A buyer brokerage agreement shall not be required of a seller's agent conducting an open house as to prospective buyers, or as to a buyer customer for whom a seller's agent presents an offer on a property acting solely for the seller without receiving compensation from the buyer.
(2) (a) Subsection (1) of this section shall apply only with respect to real property on which a dwelling unit is located, or a residential stock cooperative improved with or consisting of not less than one (1) nor more than four (4) dwelling units, when the execution of such transfer is done by, or with the aid of, a duly licensed real estate broker or salesperson.
(b) The provisions of this section shall not apply to any of the following:
(i) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by any foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain and transfers resulting from a decree for specific performance;
(ii) Transfers to a mortgagee by a mortgagor or successor in interest who is in default, transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, or transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure;
(iii) Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust;
(iv) Transfers from one co-owner to one or more other co-owners;
(v) Transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors;
(vi) Transfers between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree;
(vii) Transfers or exchanges to or from any governmental entity; or
(viii) Transfers of real property on which no dwelling is located.
SECTION 2. Section 1 of this act shall be codified within Chapter 35, Title 73, Mississippi Code of 1972.
SECTION 3. This act shall take effect and be in force from and after July 1, 2026.
