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Mandated DisclosuresSeptic_disclosureMEDIUM

In Mississippi, when a property has a septic system, what is the seller's disclosure obligation?

Correct Answer

B) The seller must disclose the known condition of the septic system as a material fact

Under Mississippi's Seller Disclosure Law (MS Code § 89-1-501 et seq.), sellers of residential real property must disclose known material facts about the property's condition. The condition of a septic system — including any known defects, age, or maintenance issues — is considered a material fact. Sellers must honestly disclose what they know about the septic system on the required disclosure form. Disclosure is not optional, nor is it contingent solely on a buyer's request for inspection.

Answer Options
A
Disclosure is optional if the septic system is currently functioning properly
B
The seller must disclose the known condition of the septic system as a material fact
C
Disclosure is only required if the buyer specifically requests a septic inspection
D
Septic system disclosure is governed exclusively by federal EPA rules, not state law

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Related Topics & Key Terms

Related Topics:

material-defect-disclosureMREC-disclosure-formproperty-conditionrural-Mississippi-real-estate

Key Terms:

septic-systemmaterial-factseller-disclosureMREC-formMS Code 89-1-501

Related Concepts

Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.

A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.

An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.

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