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Bill > HB1682


MS HB1682

MS HB1682
Wholesalers; require certain written disclosures for when purchasing residential real estate for transfer to third party purchaser.


summary

Introduced
01/19/2026
In Committee
01/19/2026
Crossed Over
Passed
Dead
02/03/2026

Introduced Session

2026 Regular Session

Bill Summary

An Act To Amend Section 73-35-3, Mississippi Code Of 1972, To Revise The Definition Of Real Estate Broker To Include Persons, Partnerships, Associations, Companies And Corporations Who Engage In The Practice Or Process Of Wholesaling; To Define Wholesaler; To Provide That Exemptions From Licensing Requirements Do Not Apply To Wholesalers; To Require Wholesalers To Provide Certain Written Disclosures To Homeowners; To Render Invalid Any Contract That Does Not Include The Required Disclosures; To Provide That The Disclosure Requirements Shall Only Apply To Transactions Involving Residential Real Estate; To Authorize The Mississippi Real Estate Commission To Promulgate Any Rules Necessary To Implement The Provisions Of This Act; And For Related Purposes.

AI Summary

This bill expands the definition of a "real estate broker" to include "wholesalers," defined as individuals or entities who secure, negotiate, or facilitate the sale of residential real estate with the primary goal of transferring their contractual interest for profit, often by assigning contracts before taking ownership or through "double closings" (simultaneously selling a property they just contracted to buy). Importantly, wholesalers are no longer exempt from real estate licensing requirements. The bill mandates that wholesalers must provide specific written disclosures to homeowners before any contract is signed, including their intent to assign or sell their interest for a higher price, their intention to market the equitable interest, and a notice advising the homeowner to seek legal counsel and informing them of their right to cancel the contract within two business days. Any contract that fails to include these disclosures is void, and homeowners can terminate the contract if the wholesaler doesn't comply. The bill also requires wholesalers to disclose their equitable interest to potential buyers and prohibits them from acting as advisors or misrepresenting their professional status. The Mississippi Real Estate Commission is authorized to create rules and a cancellation form to implement these provisions, which will only apply to transactions involving residential properties (one to four dwelling units) and will take effect on July 1, 2026.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/03/2026)

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