Mississippi 2023 Regular Session Status: Enacted 6 R cosponsors

SB 2647 — Real estate licensee; revise liability.

Last action — Approved by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 16, 2023. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (6 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

375 added · 564 removed

Plain-language change summary

The amended version of Bill SB 2647 updates several legal provisions regarding real estate transactions in Mississippi. Key changes include clarifying that no person or entity will be regarded as an agent for the transferor or transferee when it comes to disclosure requirements, which could simplify liability issues in property transfers. Additionally, some sections regarding the disclosures and penalties for licensed real estate professionals have been repealed, potentially reducing regulatory burdens on them. These changes matter because they aim to make property transactions clearer and more efficient, which could benefit both buyers and sellers.

→
Previous
Latest
Judiciary, Division A COMMITTEE SUBSTITUTE FOR SENATE BILL NO.
Judiciary, Division A SENATE BILL NO.
2647 AN ACT TO AMEND SECTION 73-35-4.1, MISSISSIPPI CODE OF 1972, TO REVISE LIABILITY FOR A REAL ESTATE LICENSEE REGARDING DISCLOSURE OF THE SIZE OR AREA OF PROPERTY;
2647 (As Sent to Governor) AN ACT TO AMEND SECTION 73-35-4.1, MISSISSIPPI CODE OF 1972, TO REVISE LIABILITY FOR A REAL ESTATE LICENSEE REGARDING DISCLOSURE OF THE SIZE OR AREA OF PROPERTY;
TO AMEND SECTIONS 89-1-505 AND 89-1-523, MISSISSIPPI CODE OF 1972, TO REVISE LIABILITY FOR CERTAIN REQUIRED REAL ESTATE DISCLOSURES;
TO AMEND SECTIONS 89-1-503 AND 89-1-505, MISSISSIPPI CODE OF 1972, TO REVISE LIABILITY FOR FAILURE OF A TRANSFEROR OF REAL PROPERTY TO PROVIDE CERTAIN INFORMATION;
TO AMEND SECTION 89-1-527, MISSISSIPPI CODE OF 1972, TO REVISE LIABILITY FOR THE FAILURE TO DISCLOSE NONMATERIAL FACT;
TO AMEND SECTION 89-1-503, MISSISSIPPI CODE OF 1972, TO REVISE LIABILITY FOR FAILURE OF A TRANSFEROR OF REAL PROPERTY TO PROVIDE CERTAIN INFORMATION;
TO AMEND SECTION 89-1-523, MISSISSIPPI CODE OF 1972, TO REVISE LIABILITY OF REAL ESTATE LICENSEES;
TO AMEND SECTION 89-1-523, MISSISSIPPI CODE OF 1972, TO REVISE LIABILITY REGARDING SECTIONS 89-1-501 THROUGH 89-1-523;
TO AMEND SECTION 89-1-525, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF THE REAL ESTATE COMMISSION;
TO AMEND SECTION 73-35-21, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF THE REAL ESTATE COMMISSION REGARDING;
TO AMEND SECTIONS 73-35-21 AND 73-35-23, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF THE REAL ESTATE COMMISSION REGARDING;
(1) (a) In connection with any real estate transaction, the size or area, in square footage or otherwise, of S.
(1) (a) In connection with any real estate transaction, the size or area, in square footage or otherwise, of the subject property, if provided by any real estate licensee in accordance with paragraph (b)(i) and (ii), shall not be considered S.
2647 *SS08/R816CS* ~ OFFICIAL ~ G1/2 23/SS08/R816CS PAGE 1 the subject property, if provided by any real estate licensee in accordance with paragraph (b)(i) and (ii), shall not be considered any warranty or guarantee of the size or area information, in square footage or otherwise, of the subject property.
2647 *SS36/R816SG* ~ OFFICIAL ~ G1/2 23/SS36/R816SG PAGE 1 any warranty or guarantee of the size or area information, in square footage or otherwise, of the subject property.
(d) A real estate licensee who has complied with the requirements of this section, as applicable, shall have no further S.
(d) A real estate licensee who has complied with the requirements of this section, as applicable, shall have no further duties to the seller or purchaser of real property regarding disclosed or undisclosed property size or area information, and S.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
2647 *SS36/R816SG* ~ OFFICIAL ~ 23/SS36/R816SG PAGE 2 shall not be subject to liability to any party for any damages sustained with regard to any conflicting measurements or opinions of size or area, including exemplary or punitive damages.
Real estate licensee;
revise liability.
PAGE 2 duties to the seller or purchaser of real property regarding disclosed or undisclosed property size or area information, and shall not be subject to liability to any party for any damages sustained with regard to any conflicting measurements or opinions of size or area, including exemplary or punitive damages.
(d) In any civil action brought pursuant to this section, the prevailing party shall be allowed court costs and S.
(d) In any civil action brought pursuant to this section, the prevailing party shall be allowed court costs and reasonable attorney fees to be set by the court and collected as costs of the action.
S.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
2647 *SS36/R816SG* ~ OFFICIAL ~ 23/SS36/R816SG PAGE 3 (e) A transfer of a possessory interest in real property subject to the provisions of this section may not be invalidated solely because of the failure of any person to comply with the provisions of this section.
Real estate licensee;
revise liability.
PAGE 3 reasonable attorney fees to be set by the court and collected as costs of the action.
(e) A transfer of a possessory interest in real property subject to the provisions of this section may not be invalidated solely because of the failure of any person to comply with the provisions of this section.
(3) Notwithstanding any other provision of law to the contrary, no real estate licensee shall have any duty or obligation, and shall not be liable to any party to any real estate transaction nor be subject to discipline or other action of any kind by any licensing authority of the State of Mississippi, pertaining to information required to be disclosed by Sections 89-1-501 through 89-1-523.
(3) Notwithstanding any other provision of law to the contrary, no real estate licensee shall have any duty or obligation nor be subject to discipline or other action of any kind by any licensing authority of the State of Mississippi, pertaining to information required to be disclosed by Sections 89-1-501 through 89-1-523 or delivery of information required to be disclosed by Sections 89-1-501 through 89-1-523.
(4) The Mississippi Real Estate Commission shall not promulgate any rule or regulation, nor make any administrative or S.
(4) The Mississippi Real Estate Commission shall not promulgate any rule or regulation, nor make any administrative or other interpretation, whereby any real estate licensee may be held responsible or subject to discipline or other actions by the S.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
2647 *SS36/R816SG* ~ OFFICIAL ~ 23/SS36/R816SG PAGE 4 commission relating to the provisions of this section or the information required to be disclosed by Sections 89-1-501 through 89-1-523 or delivery of information required to be disclosed by Sections 89-1-501 through 89-1-523.
Real estate licensee;
revise liability.
PAGE 4 other interpretation, whereby any real estate licensee may be held responsible or subject to discipline or other actions by the commission relating to the provisions of this section or the information required to be disclosed by Sections 89-1-501 through 89-1-523.
Section 89-1-505, Mississippi Code of 1972, is amended as follows:
89-1-505.
(1) * * * The transferor shall not be liable for any error, inaccuracy or omission of any information delivered pursuant to Sections 89-1-501 through 89-1-523 if the error, inaccuracy or omission was not within the personal knowledge of the transferor, was based on information timely provided by public agencies or by other persons providing information as specified in subsection (2) that is required to be disclosed pursuant to Sections 89-1-501 through 89-1-523, and ordinary care was exercised in obtaining and transmitting the information.
(2) The delivery of any information required to be disclosed by Sections 89-1-501 through 89-1-523 to a prospective transferee by a public agency or other person providing information required to be disclosed pursuant to Sections 89-1-501 through 89-1-523 shall be deemed to comply with the requirements of Sections 89-1-501 through 89-1-523 and shall relieve the transferor or any listing or selling agent of any further duty under Sections 89-1-501 through 89-1-523 with respect to that item of information.
S.
B.
No.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
Real estate licensee;
revise liability.
PAGE 5 (3) The delivery of a report or opinion prepared by a licensed engineer, land surveyor, geologist, structural pest control operator, contractor or other expert, dealing with matters within the scope of the professional's license or expertise, shall be sufficient compliance for application of the exemption provided by subsection (1) * * *.
(4) No listing or selling agent shall be liable for any error, inaccuracy or omission of any information delivered pursuant to Sections 89-1-501 through 89-1-523.
Show all 213 changed rows (173 more)
Previous
Latest
(5) The Mississippi Real Estate Commission shall not promulgate any rule or regulation, nor make any administrative or other interpretation, whereby any real estate licensee may be held responsible or subject to discipline or other actions by the commission relating to the provisions of this section or the information required to be disclosed by Sections 89-1-501 through 89-1-523 or delivery of information required to be disclosed by Sections 89-1-501 through 89-1-523.
SECTION 3.
Section 89-1-523, Mississippi Code of 1972, is amended as follows:
89-1-523.
No transfer subject to Sections 89-1-501 through 89-1-523 shall be invalidated solely because of the failure of any person to comply with any provision of Sections 89-1-501 through 89-1-523.
* * * SECTION 4.
Section 89-1-527, Mississippi Code of 1972, is amended as follows:
S.
B.
No.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
Real estate licensee;
revise liability.
PAGE 6 89-1-527.
(1) The fact or suspicion that real property is or was:
(a) The site of a natural death, suicide, homicide or felony crime (except for illegal drug activity that affects the physical condition of the property, its physical environment or the improvements located thereon);
(b) The site of an act or occurrence that had no effect on the physical condition of the property, its physical environment or the improvements located thereon;
(c) Owned or occupied by a person affected or exposed to any disease not known to be transmitted through common occupancy of real estate including, but not limited to, the human immunodeficiency virus (HIV) and the acquired immune deficiency syndrome (AIDS);
does not constitute a material fact that must be disclosed in a real estate transaction.
A failure to disclose such nonmaterial facts or suspicions shall not give rise to a criminal, civil or administrative action against the owner of such real property, a licensed real estate broker or any affiliated licensee of the broker.
(2) A failure to disclose in any real estate transaction any information that is provided or maintained, or is required to be provided or maintained, in accordance with Section 45-33-21 through Section 45-33-57, shall not give rise to a cause of action against an owner of real property, a licensed real estate broker S.
B.
No.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
Real estate licensee;
revise liability.
PAGE 7 or any affiliated licensee of the broker.
Likewise, no cause of action shall arise against any licensed real estate broker or affiliated licensee of the broker for revealing information to a seller or buyer of real estate in accordance with Section 45-33-21 through Section 45-33-57.
Any factors related to this subsection, if known to a property owner or licensee shall be disclosed if requested by a consumer.
(3) Failure to disclose any of the facts or suspicions of facts described in subsections (1) and (2) shall not be grounds for the termination or rescission of any transaction in which real property has been or will be transferred or leased.
* * * SECTION 5.
S.
With respect to any transfer subject to paragraph (a) or (b), the transferor shall indicate compliance with Sections 89-1-501 through 89-1-523 either on the receipt for deposit, the real property sales contract, the lease, or any addendum attached thereto or on a separate document.
If any disclosure, or any material amendment of any disclosure, required to be made by Sections 89-1-501 through S.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
2647 *SS36/R816SG* ~ OFFICIAL ~ 23/SS36/R816SG PAGE 5 89-1-523, is delivered after the execution of an offer to purchase, the transferee shall have three (3) days after delivery in person or five (5) days after delivery by deposit in the mail, to terminate his or her offer by delivery of a written notice of termination to the transferor or the transferor's agent.
Real estate licensee;
(2) If a transferor of real property subject to Sections 89-1-501 through 89-1-523 shall fail to deliver the disclosure statement required by Sections 89-1-501 through 89-1-523, or fails to complete some portion of the disclosure statement, the prospective transferee is presumed to be on notice to inquire of the transferor concerning the content of the disclosure or the lack thereof.
revise liability.
Any duly licensed real estate broker or salesperson involved with the transaction shall have no duty or obligation nor be subject to discipline or other action of any kind by any licensing authority of the State of Mississippi, pertaining to the disclosure or the failure of any disclosure to comply with Sections 89-1-501 through 89-1-523.
PAGE 8 With respect to any transfer subject to paragraph (a) or (b), the transferor shall indicate compliance with Sections 89-1-501 through 89-1-523 either on the receipt for deposit, the real property sales contract, the lease, or any addendum attached thereto or on a separate document.
SECTION 3.
If any disclosure, or any material amendment of any disclosure, required to be made by Sections 89-1-501 through 89-1-523, is delivered after the execution of an offer to purchase, the transferee shall have three (3) days after delivery in person or five (5) days after delivery by deposit in the mail, to terminate his or her offer by delivery of a written notice of termination to the transferor or the transferor's agent.
Section 89-1-505, Mississippi Code of 1972, is amended as follows:
(2) If a transferor of real property subject to Sections 89-1-501 through 89-1-523 shall fail to deliver the disclosure statement required by Sections 89-1-501 through 89-1-523, or fails to complete some portion of the disclosure statement, the prospective transferee is presumed to be on notice to inquire of the transferor concerning the content of the disclosure or the lack thereof and any duly licensed real estate broker or salesperson involved with the transaction shall have no duty or obligation, and shall not be liable to any party, nor be subject to discipline or other action of any kind by any licensing authority of the State of Mississippi, pertaining to the disclosure or the failure of any disclosure to comply with Sections 89-1-501 through 89-1-523.
89-1-505.
S.
(1) * * * The transferor * * * shall not be liable for any error, inaccuracy or omission of any information delivered pursuant to Sections 89-1-501 through 89-1-523 if the error, inaccuracy or omission was not within the personal knowledge of the transferor * * *, was based on information timely provided by public agencies or by other persons providing S.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
2647 *SS36/R816SG* ~ OFFICIAL ~ 23/SS36/R816SG PAGE 6 information as specified in subsection (2) that is required to be disclosed pursuant to Sections 89-1-501 through 89-1-523, and ordinary care was exercised in obtaining and transmitting * * * the information.
Real estate licensee;
(2) The delivery of any information required to be disclosed by Sections 89-1-501 through 89-1-523 to a prospective transferee by a public agency or other person providing information required to be disclosed pursuant to Sections 89-1-501 through 89-1-523 shall be deemed to comply with the requirements of Sections 89-1-501 through 89-1-523 and shall relieve the transferor * * * of any further duty under Sections 89-1-501 through 89-1-523 with respect to that item of information.
revise liability.
(3) The delivery of a report or opinion prepared by a licensed engineer, land surveyor, geologist, structural pest control operator, contractor or other expert, dealing with matters within the scope of the professional's license or expertise, shall be sufficient compliance for application of the exemption provided by subsection (1) if the information is provided to the prospective transferee pursuant to a request therefor, whether written or oral.
PAGE 9 SECTION 6.
In responding to such a request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of Section 89-1-509 and, if so, shall indicate the required disclosures, or parts thereof, to which the information being furnished is applicable.
Where such a statement is furnished, the expert shall S.
B.
No.
2647 *SS36/R816SG* ~ OFFICIAL ~ 23/SS36/R816SG PAGE 7 not be responsible for any items of information, or parts thereof, other than those expressly set forth in the statement.
(4) No listing or selling agent shall be liable for any error, inaccuracy or omission of any information delivered pursuant to Sections 89-1-501 through 89-1-523.
(5) The Mississippi Real Estate Commission shall not promulgate any rule or regulation, nor make any administrative or other interpretation, whereby any real estate licensee may be held responsible or subject to discipline or other actions by the commission relating to the provisions of this section or the information required to be disclosed by Sections 89-1-501 through 89-1-523 or delivery of information required to be disclosed by Sections 89-1-501 through 89-1-523.
SECTION 4.
If at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to the transferor, and the transferor * * * has made a reasonable effort to ascertain it, the transferor may use an approximation of the information, provided the approximation is clearly identified as such, is reasonable, is based on the best information available to the transferor * * *, and is not used for the purpose of circumventing or evading Sections 89-1-501 through 89-1-523.
If at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to the transferor, and the transferor * * * has made a reasonable effort to ascertain it, the transferor may use an approximation of the information, provided S.
SECTION 7.
B.
No.
2647 *SS36/R816SG* ~ OFFICIAL ~ 23/SS36/R816SG PAGE 8 the approximation is clearly identified as such, is reasonable, is based on the best information available to the transferor * * *, and is not used for the purpose of circumventing or evading Sections 89-1-501 through 89-1-523.
SECTION 5.
SECTION 8.
SECTION 6.
S.
89-1-519.
B.
No.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
Real estate licensee;
revise liability.
PAGE 10 89-1-519.
(2) Notwithstanding any other provision of law to the contrary, no real estate licensee shall have any duty or obligation, and shall not be liable to any party to any real estate transaction nor be subject to discipline or other action of any kind by any licensing authority of the State of Mississippi, pertaining to information required to be disclosed by Sections 89-1-501 through 89-1-523 or delivery of information required to be disclosed by Sections 89-1-501 through 89-1-523.
(2) Notwithstanding any other provision of law to the contrary, no real estate licensee shall have any duty or obligation nor be subject to discipline or other action of any kind by any licensing authority of the State of Mississippi, pertaining to information required to be disclosed by Sections 89-1-501 through 89-1-523 or delivery of information required to be disclosed by Sections 89-1-501 through 89-1-523.
SECTION 9.
SECTION 7.
89-1-523.
S.
(1) No transfer subject to Sections 89-1-501 through 89-1-523 shall be invalidated solely because of the failure of any person to comply with any provision of Sections 89-1-501 through 89-1-523.
* * * (2) Notwithstanding any other provision of law to the contrary, no real estate licensee shall have any duty or obligation, and shall not be liable to any party to any real estate transaction nor be subject to discipline or other action of any kind by any licensing authority of the State of Mississippi, pertaining to information required to be disclosed by Sections S.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
2647 *SS36/R816SG* ~ OFFICIAL ~ 23/SS36/R816SG PAGE 9 89-1-523.
Real estate licensee;
No transfer subject to Sections 89-1-501 through 89-1-523 shall be invalidated solely because of the failure of any person to comply with any provision of Sections 89-1-501 through 89-1-523.
revise liability.
* * * SECTION 8.
PAGE 11 89-1-501 through 89-1-523 or delivery of information required to be disclosed by Sections 89-1-501 through 89-1-523.
SECTION 10.
Section 89-1-525, Mississippi Code of 1972, is amended as follows:
89-1-525.
(1) Except as otherwise provided in this section, the Mississippi Real Estate Commission is authorized to enforce the provisions of Sections 89-1-501 through 89-1-523.
Any violation of the provisions of Sections 89-1-501 through 89-1-523 shall be treated in the same manner as a violation of the Real Estate Broker License Law of 1954, Section 73-35-1 et seq., and shall be subject to same penalties as provided in that chapter.
(2) The Mississippi Real Estate Commission shall not promulgate any rules or regulations, nor make any administrative or other interpretation, that are not clearly provided in Sections 89-1-501 through 89-1-523 whereby any real estate licensee is held responsible or subject to discipline or other actions by the commission relating to the provisions of this section or the information required to be disclosed by Sections 89-1-501 through 89-1-523 or delivery of information required to be disclosed by Sections 89-1-501 through 89-1-523.
SECTION 11.
(1) Except as otherwise provided in this section, the commission may, upon its own motion and shall upon the verified complaint in writing of any person, hold a hearing S.
(1) Except as otherwise provided in this section, the commission may, upon its own motion and shall upon the verified complaint in writing of any person, hold a hearing pursuant to Section 73-35-23 for the refusal of license or for the suspension or revocation of a license previously issued, or for such other action as the commission deems appropriate.
B.
No.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
Real estate licensee;
revise liability.
PAGE 12 pursuant to Section 73-35-23 for the refusal of license or for the suspension or revocation of a license previously issued, or for such other action as the commission deems appropriate.
(e) Acting for more than one (1) party in a transaction or receiving compensation from more than one (1) party in a transaction, or both, without the knowledge of all parties for whom he acts;
S.
(f) Failing, within a reasonable time, to account for or to remit any monies coming into his possession which belong to others, or commingling of monies belonging to others with his own funds.
Every responsible broker procuring the execution of an earnest money contract or option or other contract who shall take S.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
2647 *SS36/R816SG* ~ OFFICIAL ~ 23/SS36/R816SG PAGE 10 (e) Acting for more than one (1) party in a transaction or receiving compensation from more than one (1) party in a transaction, or both, without the knowledge of all parties for whom he acts;
Real estate licensee;
(f) Failing, within a reasonable time, to account for or to remit any monies coming into his possession which belong to others, or commingling of monies belonging to others with his own funds.
revise liability.
Every responsible broker procuring the execution of an earnest money contract or option or other contract who shall take or receive any cash or checks shall deposit, within a reasonable period of time, the sum or sums so received in a trust or escrow account in a bank or trust company pending the consummation or termination of the transaction.
PAGE 13 or receive any cash or checks shall deposit, within a reasonable period of time, the sum or sums so received in a trust or escrow account in a bank or trust company pending the consummation or termination of the transaction.
(k) Inducing any party to a contract, sale or lease to break such contract for the purpose of substituting in lieu thereof a new contract, where such substitution is motivated by the personal gain of the licensee;
(l) Accepting a commission or valuable consideration as a real estate salesperson for the performance of any of the acts specified in this chapter from any person, except his employer who must be a licensed real estate broker;
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
2647 *SS36/R816SG* ~ OFFICIAL ~ 23/SS36/R816SG PAGE 11 (k) Inducing any party to a contract, sale or lease to break such contract for the purpose of substituting in lieu thereof a new contract, where such substitution is motivated by the personal gain of the licensee;
Real estate licensee;
(l) Accepting a commission or valuable consideration as a real estate salesperson for the performance of any of the acts specified in this chapter from any person, except his employer who must be a licensed real estate broker;
revise liability.
(m) Failing to successfully pass the commission's background investigation for licensure or renewal as provided in Section 73-35-10;
PAGE 14 (m) Failing to successfully pass the commission's background investigation for licensure or renewal as provided in Section 73-35-10;
He shall not act as a public conveyancer nor give advice or opinions as to the legal effect of instruments nor give opinions concerning the validity of title to real estate;
He shall not act as a public conveyancer nor give advice or opinions as to the S.
B.
No.
2647 *SS36/R816SG* ~ OFFICIAL ~ 23/SS36/R816SG PAGE 12 legal effect of instruments nor give opinions concerning the validity of title to real estate;
A real estate broker shall not participate in attorney's fees, unless the broker is a duly S.
A real estate broker shall not participate in attorney's fees, unless the broker is a duly licensed attorney under the laws of this state and performs legal services in addition to brokerage services.
B.
No.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
Real estate licensee;
revise liability.
PAGE 15 licensed attorney under the laws of this state and performs legal services in addition to brokerage services.
The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or S.
If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(5) Nothing in this chapter shall prevent an associate broker or salesperson from owning any lawfully constituted business organization, including, but not limited to, a corporation, limited liability company or limited liability S.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
2647 *SS36/R816SG* ~ OFFICIAL ~ 23/SS36/R816SG PAGE 13 93-11-163, as the case may be.
Real estate licensee;
If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
revise liability.
(5) Nothing in this chapter shall prevent an associate broker or salesperson from owning any lawfully constituted business organization, including, but not limited to, a corporation, limited liability company or limited liability partnership, for the purpose of receiving payments contemplated in this chapter.
PAGE 16 partnership, for the purpose of receiving payments contemplated in this chapter.
SECTION 12.
SECTION 9.
Section 73-35-23, Mississippi Code of 1972, is amended as follows:
Sections 89-1-521 and 89-1-525, Mississippi Code of 1972, which provide for certain disclosures and penalties of licensed real estate brokers and salespersons, are repealed.
73-35-23.
SECTION 10.
(1) The commission is hereby authorized and directed to take legal action against any violator of this chapter.
This act shall take effect and be in force from and after its passage.
Upon complaint initiated by the commission or filed with it, the licensee or any other person charged with a violation of this chapter shall be given fifteen (15) days' notice of the hearing upon the charges filed, together with notice of the option of appearing before the commission or an administrative hearing officer as provided in subsection (7) of this section, and a copy of the complaint.
The applicant or licensee or other violator shall have an opportunity to be heard in person or by counsel, to offer testimony, and to examine witnesses appearing in connection S.
B.
No.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
Real estate licensee;
revise liability.
PAGE 17 with the complaint.
Hearings shall be held at the offices of the Mississippi Real Estate Commission, or at the commission's sole discretion, at a place determined by the commission.
At such hearings, all witnesses shall be properly sworn and stenographic notes of the proceedings shall be taken and filed as a part of the record in the case.
Any party to the proceedings shall be furnished with a copy of such stenographic notes upon payment to the commission of such fees as it shall prescribe, not exceeding, however, the actual cost to the commission.
The preponderance of evidence standard of proof shall be used to examine factors during all hearings.
The commission shall render a decision on any complaint and shall immediately notify the parties to the proceedings in writing of its ruling, order or decision.
(2) In addition to the authority granted to the commission as hereinabove set forth, the commission is hereby vested with the authority to bring injunctive proceedings in any appropriate forum against any violator or violators of this chapter, and all judges or courts now having the power to grant injunctions are specifically granted the power and jurisdiction to hear and dispose of such proceedings.
(3) The commission is hereby authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers.
The process issued by the commission shall extend to all parts of the state, and such process shall be served S.
B.
No.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
Real estate licensee;
revise liability.
PAGE 18 by any person designated by the commission for such service.
The person serving such process may receive such compensation as may be allowed by the commission, not to exceed the fee prescribed by law for similar services.
All witnesses who are subpoenaed and who appear in any proceedings before the commission may receive the same fees and mileage as allowed by law, and all such fees shall be taxed as part of the costs in the case.
(4) Where in any proceeding before the commission any witness shall fail or refuse to attend upon subpoena issued by the commission, shall refuse to testify, or shall refuse to produce any books and papers the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the same manner as the attendance and testimony of witnesses in civil cases are enforced in the courts of this state.
(5) The commission may obtain legal counsel privately to represent it in proceedings when legal counsel is required.
(6) No commissioner, administrator, employee, investigator, representative or agent of the commission shall communicate with a licensee in connection with any preliminary or formal investigation associated with alleged violations of licensing law or regulations prior to the delivery of written notice to the licensee's responsible broker.
Any licensee represented by legal S.
B.
No.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
Real estate licensee;
revise liability.
PAGE 19 counsel shall be entitled to communication through such legal counsel unless waived in writing by the licensee.
(7) The commission shall establish an administrative hearing option by July 1, 2022, which shall consist of administrative hearing officers designated by the Attorney General for the purpose of holding hearings, hearing evidence and rendering decisions on matters determined to be the subject of a hearing for a licensee or any other person charged with a violation of this chapter or affecting the license of any person coming under its jurisdiction, when the licensee or any other person charged with a violation of this chapter shall request, in writing, for the matter to be heard by the administrative hearing officer.
Administrative hearing officers shall be staff attorneys employed by the Attorney General's office, but must not currently hold a license issued by the commission.
The administrative hearing officers shall have the same powers and authority in conducting hearings and rendering decisions as granted to the commission in this section.
Hearings before an administrative hearing officer shall be held in the City of Jackson, Mississippi, at a place, time and manner agreed upon by the commission and the hearing officer.
The preponderance of evidence standard of proof shall be used to examine factors during all hearings.
Any right of appeal available to a licensee or applicant for a license availing itself to the provisions hereof shall be preserved as if the matter had been heard and decided by the commission.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS ST:
2647 *SS36/R816SG* ~ OFFICIAL ~ 23/SS36/R816SG ST:
PAGE 20 (8) Nothing in this section shall preclude the commission and a licensee from entering into an agreed order resolving a complaint prior to the hearing.
PAGE 14
(9) The provisions of this section shall not be construed to authorize the Mississippi Real Estate Commission to promulgate any rule or regulation, nor make any administrative or other interpretation, whereby any real estate licensee may be held responsible or subject to discipline or other actions by the commission relating to the provisions of this section or the information required to be disclosed by Sections 89-1-501 through 89-1-523 or delivery of information required to be disclosed by Sections 89-1-501 through 89-1-523.
SECTION 13.
Sections 89-1-521 and 89-1-525, Mississippi Code of 1972, which provide for certain disclosures and penalties of licensed real estate brokers and salespersons, are repealed.
SECTION 14.
This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.
S.
B.
No.
2647 *SS08/R816CS* ~ OFFICIAL ~ 23/SS08/R816CS PAGE 21
⬇ Download PDF
View plain text versions (4)

Amendments

2 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Approved by Governor

  2. Enrolled Bill Signed

  3. Enrolled Bill Signed

  4. Concurred in Amend From House

  5. Returned For Concurrence

  6. Passed As Amended

  7. Amended

  8. Title Suff Do Pass As Amended

  9. Referred To Ways and Means

  10. Transmitted To House

  11. Motion to Reconsider Tabled

  12. Motion to Reconsider Entered

  13. Passed

  14. Committee Substitute Adopted

  15. Title Suff Do Pass Comm Sub

  16. DR - TSDPCS: BF To JA

  17. Referred To Business and Financial Institutions;Judiciary, Division A

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 169 not signed on · 5 voted No

Sponsors (1)

Co-sponsors (5)

Not signed on (169)

169 members have not signed on to this bill.

Show all 169 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence in Amendment From House

Passed 51 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 17000
Republican 26001
Democrat 8000
Total 51001
% of votes cast 98%0%0%2%
How each member voted (52)
Member Party Vote
Barnett — Yea
Blackmon — Yea
Branning — Yea
Butler A. (36th) — Yea
Butler K. (38th) — Yea
Caughman — Yea
Horhn — Yea
Jackson — Yea
Johnson — Yea
Jordan — Yea
McDaniel — Yea
Moran — Yea
Parker — Yea
Polk — Yea
Sojourner — Yea
Thompson — Yea
Turner-Ford — Yea
David Blount Democrat Yea
Derrick T. Simmons Democrat Yea
Hillman Terome Frazier Democrat Yea
Hob Bryan Democrat Yea
Joseph Thomas Democrat Yea
Rod Hickman Democrat Yea
Sarita Simmons Democrat Yea
Sollie B. Norwood Democrat Yea
Angela Burks Hill Republican Yea
Bart Williams Republican Yea
Benjamin Suber Republican Yea
Brice Wiggins Republican Yea
Briggs Hopson Republican Yea
Chad McMahan Republican Yea
Chuck Younger Republican Yea
Daniel H. Sparks Republican Yea
Dean Kirby Republican Yea
Dennis DeBar, Jr. Republican Yea
J. Walter Michel Republican Yea
Jason Barrett Republican Yea
Jeff Tate Republican Yea
Jeremy England Republican Yea
Joel R. Carter, Jr. Republican Yea
Joey Fillingane Republican Yea
Joseph M. Seymour Republican Yea
Josh Harkins Republican Yea
Kathy L. Chism Republican Yea
Kevin Blackwell Republican Not Voting
Lydia Graves Chassaniol Republican Yea
Michael McLendon Republican Yea
Neil S. Whaley Republican Yea
Nicole Boyd Republican Yea
Rita Potts Parks Republican Yea
Scott DeLano Republican Yea
Tyler McCaughn Republican Yea

Official roll call →

Passage as Amended

Passed 108 Yea · 5 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 57000
Democrat 24203
Unaffiliated 26303
Independent 1001
Total 108507
% of votes cast 90%4%0%6%
How each member voted (120)
Member Party Vote
Bailey (23rd) — Yea
Bailey — Yea
Bain — Yea
Barnett — Yea
Blackmon — Yea
Boyd (19th) — Yea
Boyd (37th) — Yea
Busby — Yea
Clarke — Yea
Darnell — Yea
Gibbs — Yea
Goodin — Yea
Johnson — Yea
Lancaster — Yea
McLeod — Yea
Miles — Yea
Paden — Yea
Patterson — Yea
Reynolds — Yea
Stamps — Yea
Straughter — Yea
Thompson — Yea
Walker — Yea
Weathersby — Yea
Young — Yea
Mr. Speaker — Yea
Bomgar — Nay
Criswell — Nay
Hopkins — Nay
Huddleston — Not Voting
Robinson — Not Voting
Jackson — Not Voting
Bo Brown Democrat Yea
Bo Brown Democrat Nay
Bob Evans Democrat Yea
Bob Evans Democrat Nay
Bryant W. Clark Democrat Yea
Carl Mickens Democrat Yea
Cedric Burnett Democrat Yea
Cheikh Taylor Democrat Yea
Christopher M. Bell Democrat Not Voting
Daryl Porter Democrat Yea
Earle S. Banks Democrat Yea
Gregory Holloway, Sr. Democrat Yea
Hester Jackson McCray Democrat Yea
Jeffery Harness Democrat Yea
Jeffrey Hulum III Democrat Yea
Jeramey Anderson Democrat Yea
John G. Faulkner Democrat Yea
John W. Hines, Sr. Democrat Yea
Kabir Karriem Democrat Not Voting
Omeria Scott Democrat Yea
Oscar Denton Democrat Yea
Otis Anthony Democrat Yea
Percy W. Watson Democrat Yea
Robert L. Sanders Democrat Yea
Ronnie C. Crudup Democrat Yea
Solomon C. Osborne Democrat Yea
Stephanie Foster Democrat Not Voting
Tracey T. Rosebud Democrat Yea
Zakiya Summers Democrat Yea
Angela Cockerham Independent Yea
Shanda Yates Independent Not Voting
Becky Currie Republican Yea
Bill Kinkade Republican Yea
Bill Pigott Republican Yea
Billy Adam Calvert Republican Yea
Brent Anderson Republican Yea
Brent Powell Republican Yea
C. Scott Bounds Republican Yea
Carolyn Crawford Republican Yea
Casey Eure Republican Yea
Clay Deweese Republican Yea
Dan Eubanks Republican Yea
Dana McLean Republican Yea
Donnie Bell Republican Yea
Donnie Scoggin Republican Yea
Fred Shanks Republican Yea
Gene Newman Republican Yea
Greg Haney Republican Yea
Henry Zuber III Republican Yea
Jansen Owen Republican Yea
Jason White Republican Yea
Jay McKnight Republican Yea
Jeff Hale Republican Yea
Jeffrey S. Guice Republican Yea
Jerry R. Turner Republican Yea
Jill Ford Republican Yea
Jody Steverson Republican Yea
Joey Hood Republican Yea
John Read Republican Yea
John Thomas "Trey" Lamar, III Republican Yea
Joseph Tubb Republican Yea
Karl Oliver Republican Yea
Ken Morgan Republican Yea
Kent McCarty Republican Yea
Kevin Felsher Republican Yea
Kevin Ford Republican Yea
Kevin Horan Republican Yea
Larry Byrd Republican Yea
Lee Yancey Republican Yea
Lester Carpenter Republican Yea
Manly Barton Republican Yea
Mark Tullos Republican Yea
Missy McGee Republican Yea
Noah Sanford Republican Yea
Price Wallace Republican Yea
Randy Rushing Republican Yea
Richard Bennett Republican Yea
Rob Roberson Republican Yea
Sam C. Mims, V Republican Yea
Sam Creekmore IV Republican Yea
Shane Aguirre Republican Yea
Stacey Hobgood-Wilkes Republican Yea
Stephen A. Horne Republican Yea
Steve Massengill Republican Yea
Timmy Ladner Republican Yea
Troy Smith Republican Yea
Vince Mangold Republican Yea
William Tracy Arnold Republican Yea

Official roll call →

Passage

Passed 45 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 16001
Republican 23202
Democrat 6101
Total 45304
% of votes cast 87%6%0%8%
How each member voted (52)
Member Party Vote
Barnett — Yea
Blackmon — Yea
Butler A. (36th) — Yea
Butler K. (38th) — Yea
Caughman — Yea
Horhn — Yea
Jackson — Yea
Johnson — Yea
Jordan — Yea
McDaniel — Yea
Moran — Yea
Parker — Yea
Polk — Yea
Sojourner — Yea
Thompson — Yea
Turner-Ford — Yea
Branning — Not Voting
David Blount Democrat Yea
Derrick T. Simmons Democrat Nay
Hillman Terome Frazier Democrat Yea
Hob Bryan Democrat Yea
Joseph Thomas Democrat Yea
Rod Hickman Democrat Not Voting
Sarita Simmons Democrat Yea
Sollie B. Norwood Democrat Yea
Angela Burks Hill Republican Yea
Bart Williams Republican Yea
Benjamin Suber Republican Yea
Brice Wiggins Republican Nay
Briggs Hopson Republican Yea
Chad McMahan Republican Yea
Chuck Younger Republican Yea
Daniel H. Sparks Republican Yea
Dean Kirby Republican Yea
Dennis DeBar, Jr. Republican Yea
J. Walter Michel Republican Yea
Jason Barrett Republican Yea
Jeff Tate Republican Yea
Jeremy England Republican Yea
Joel R. Carter, Jr. Republican Not Voting
Joey Fillingane Republican Yea
Joseph M. Seymour Republican Yea
Josh Harkins Republican Not Voting
Kathy L. Chism Republican Yea
Kevin Blackwell Republican Nay
Lydia Graves Chassaniol Republican Yea
Michael McLendon Republican Yea
Neil S. Whaley Republican Yea
Nicole Boyd Republican Yea
Rita Potts Parks Republican Yea
Scott DeLano Republican Yea
Tyler McCaughn Republican Yea

Official roll call →

Subjects

housing labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 2647?
SB 2647 is sponsored by Nicole Boyd (Republican), Daniel H. Sparks (Republican), J. Walter Michel (Republican), Bart Williams (Republican), Jeremy England (Republican), and Kathy L. Chism (Republican).
What is the current status of SB 2647?
This bill has been enacted into law. Introduced January 16, 2023. Enacted.
Where can I track SB 2647?
Track SB 2647 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 2647

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 2647

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →