Mississippi Home Inspector Licensing Law

Mississippi Code · 19 sections

The following is the full text of Mississippi’s home inspector licensing law statutes as published in the Mississippi Code. For the official version, see the Mississippi Legislature.

Miss. Code Ann. § 73-34-9

(1) The board shall have the following powers and duties: (a) To receive applications for licensure as a real estate appraiser and applications for registration as an appraisal management company under this chapter; to establish appropriate administrative procedures for the processing of those applications; to approve or disapprove applications for licensing or registration under this chapter; to issue licenses to qualified applicants under the provisions of this chapter; and to maintain a registry of the names and addresses of individuals who are currently licensed under this chapter. (b) To administer licensing examinations in the places and at the times as may be required to carry out its responsibilities under this chapter. (c) To collect all licensing fees required or permitted by this chapter. (d) To take appropriate action upon a decision and the related findings of fact made by the board if, after an administrative hearing, the board (i) determines that a licensed appraiser or a licensed state certified real estate appraiser under this chapter has violated the standards of appraisal practice or ethical rules established under Section 73-34-37 , or has committed one or more of the acts that are prohibited by Section 73-34-35 , and (ii) recommends that the license of the appraiser be suspended or revoked, that renewal be denied, or that some other disciplinary action be taken. (e) To solicit bids and enter into contracts. (f) To promote research and conduct studies relating to the profession of real estate appraising and sponsor real estate appraisal educational activities. (g) To adopt rules and regulations for the administration of this chapter that are not inconsistent with the provisions of this chapter or the Constitution and laws of Mississippi or of the United States. (h) To employ an administrator or director who shall keep a record of all proceedings, transactions, communications and official acts of the board and perform any other duties as the board may require. (i) To employ an appropriate staff to investigate allegations that licensed appraisers or licensed state certified real estate appraisers under this chapter failed to comply with the terms or provisions of this chapter. (j) To employ any other professional, clerical and technical assistance as may be necessary to properly administer the work of this chapter. (k) To be responsible for matters relating to real estate appraisal standards, real estate appraiser qualifications, testing standards and appraisal management companies and enforce the same through its disciplinary functions. (l) To hold meetings; to hold public hearings and administrative hearings; and to prepare examination specifications for licensed appraisers and licensed state certified appraisers. (m) To enable the board to carry out its responsibilities under this chapter with respect to licensing and registering, the board shall have: (i) The power to compel the attendance of witnesses; (ii) The power to require a licensed appraiser or an applicant for licensure to produce books, appraisal documents, records and other papers; (iii) The power to administer oaths; and (iv) The power to take testimony and receive evidence concerning all matters within its jurisdiction. These powers may be exercised directly by the board in such manner as the board shall determine. (n) To establish appropriate administrative procedures for disciplinary proceedings conducted under the provisions of this chapter. (o) To keep a record of its proceedings and issue an annual report of its activities. (p) To further define by rule or regulation, and with respect to each of the categories of licensed appraiser, the type of educational experience, appraisal experience and equivalent experience that will meet the statutory requirements of this chapter and of the Appraiser Qualifications Board. (q) To approve or disapprove applications for licensing or registration under this chapter. (r) To suspend or revoke licenses or registrations under the disciplinary proceedings provided for in this chapter. (s) To present an annual budget to the Mississippi Legislature for approval. (t) To implement all requirements directed by the Appraiser Qualifications Board, Appraisal Subcommittee of the Federal Financial Institutions Examination Council or their designated agent. (u) To make rules and regulations providing for an inactive license or registration status and for the reactivation thereof. (v) To make rules and regulations necessary to implement its powers and duties under this chapter. (w) To do all other things necessary to carry out the provisions of this chapter. (x) To adopt rules consistent with the provisions of this chapter which may be reasonably necessary to implement, administer and enforce the provisions of this chapter. (y) To provide for at least one (1) member of the board to represent the appraisal management company industry. (z) To establish the standard for measuring residential properties up to four (4) family buildings as promulgated by the American National Standards Institute or as provided in the American Measurement Standard Manual. The board shall require appraisals required to use those standards to indicate on the appraisal or separately appended document which standard was used. (aa) To conduct surveys as necessary. (bb) To administer and enforce the provisions of Sections 73-60-1 through 73-60-47 regarding home inspectors. (2) The members of the board shall be immune from any civil action or criminal prosecution for initiating or assisting in any lawful investigation of the actions of or participating in any disciplinary proceeding concerning an appraiser licensed under this chapter, provided that the action is taken without malicious intent and in the reasonable belief that the action was taken in accordance with the powers and duties vested in the members of the board under this chapter. Laws, 1990, ch. 576, § 5; Laws, 1993, ch. 559, § 3, eff. 4/9/1993. . Amended by Laws, 2024, ch. 376, SB 2788,§ 21, eff. 7/1/2024. Amended by Laws, 2023, ch. 501, SB 2673,§ 5, eff. 7/1/2023. Amended by Laws, 2019, ch. 390, SB 2697,§ 4, eff. 7/1/2019. Amended by Laws, 2014, ch. 535, SB 2671, 1, eff. 7/1/2014. Amended by Laws, 2011, ch. 458, HB 1337, 18, eff. 12/1/2013.

Miss. Code Ann. § 73-35-21

(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. The commission shall have full power to refuse a license for cause or to revoke or suspend a license where it has been obtained by false or fraudulent representation, or where the licensee in performing or attempting to perform any of the acts mentioned herein, is deemed to be guilty of: (a) Making any substantial misrepresentation in connection with a real estate transaction; (b) Making any false promises of a character likely to influence, persuade or induce; (c) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or salespersons or any medium of advertising or otherwise; (d) Any misleading or untruthful advertising; (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 or she acts; (f) Failing, within a reasonable time, to account for or to remit any monies coming into his or her 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 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. "Reasonable time" in this context means by the close of business of the next banking day; (g) Entering a guilty plea or conviction in a court of competent jurisdiction of this state, or any other state or the United States of any felony; (h) Displaying a "for sale" or "for rent" sign on any property without the owner's consent; (i) Failing to furnish voluntarily, at the time of signing, copies of all listings, contracts and agreements to all parties executing the same; (j) Paying any rebate, profit or commission to any person other than a real estate broker or salesperson licensed under the provisions of this chapter; (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 or her employer who must be a licensed real estate broker; (m) Failing to successfully pass the commission's background investigation for licensure or renewal as provided in Section 73-35-10 ; or (n) Any act or conduct, whether of the same or a different character than hereinabove specified, which constitutes or demonstrates bad faith, incompetency or untrustworthiness, or dishonest, fraudulent or improper dealing. However, simple contact and/or communication with any mortgage broker or lender by a real estate licensee about any professional, including, but not limited to, an appraiser, home inspector, contractor, and/or attorney regarding a listing and/or a prospective or pending contract for the lease, sale and/or purchase of real estate shall not constitute conduct in violation of this section. (2) No real estate broker shall practice law or give legal advice directly or indirectly unless said broker be a duly licensed attorney under the laws of this state. He or she 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; nor shall he or she prevent or discourage any party to a real estate transaction from employing the services of an attorney; nor shall a broker undertake to prepare documents fixing and defining the legal rights of parties to a transaction. However, when acting as a broker, he or she may use an earnest money contract form. 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. (3) It is expressly provided that it is not the intent and purpose of the Mississippi Legislature to prevent a license from being issued to any person who is found to be of good reputation, is able to give bond, and who has lived in the State of Mississippi for the required period or is otherwise qualified under this chapter. (4) In addition to the reasons specified in subsection (1) of this section, the commission shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153 . 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. 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 partnership, for the purpose of receiving payments contemplated in this chapter. The business organization shall not be required to be licensed under this chapter and shall not engage in any other activity requiring a real estate license. (6) 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 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 . (7) The Mississippi Real Estate Commission shall not promulgate nor enforce any rule or regulation, nor make any administrative or other interpretation, whereby any real estate licensee may be required to include in any agreement or otherwise be required to agree to any requirement regarding unilateral termination by a buyer-agency agreement. Codes, 1942, § 8920-11; Laws, 1954, ch. 318, § 11; Laws, 1974, ch. 485, § 4; reenacted, Laws, 1980, ch. 499, § 11; Laws, 1983, ch. 476, § 2; Laws, 1988, ch. 477, § 11; Laws, 1991, ch. 355, § 7; Laws, 1992, ch. 533, § 7; Laws, 1994, ch. 520, § 7; Laws, 1996, ch. 507, § 68; Laws, 2004, ch. 412, § 3, eff. 7/1/2004. Amended by Laws, 2024, ch. 423, HB 1271,§ 1, eff. 4/23/2024. Amended by Laws, 2023, ch. 385, SB 2647,§ 8, eff. 3/14/2023. Amended by Laws, 2022, ch. 302, SB 2097,§ 3, eff. 2/2/2022. Amended by Laws, 2016, ch. 472, SB 2725, 4, eff. 7/1/2016.

Miss. Code Ann. § 73-59-13

(1) The board, upon satisfactory proof and in accordance with the provisions of this chapter and the regulations of the board pertaining thereto, is authorized to take the disciplinary actions provided for in this section against any person for any of the following reasons: (a) Violating any of the provisions of this chapter or the rules or regulations of the board pertaining to the work of residential building or residential improvement; (b) Fraud, deceit or misrepresentation in obtaining a license; (c) Gross negligence or misconduct; (d) Engaging in work of residential building or residential improvement on an expired license or while under suspension or revocation of license unless the suspension or revocation be abated in accordance with this chapter; (e) Loaning a license to an unlicensed person; (f) Failing to maintain workers' compensation insurance, if applicable; or (g) Failing to pay for goods or services for which the builder is contractually bound. (2) Any person, including members of the board, may prefer charges against any other person for committing any of the acts set forth in subsection (1) of this section. Such charges shall be sworn to, either upon actual knowledge or upon information and belief, and shall be filed with the board. The board shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may, in its discretion, cause a hearing to be held, at a time and place fixed by the board, regarding the charges and may compel the accused by subpoena to appear before the board to respond to such charges. The board may send a certified inspector to inspect the building or structure which is the subject of a complaint or the board may use a county certified building inspector from the county where the building or structure is located to inspect the building or structure which is the subject of a complaint. The report of the inspector shall be used in the investigation and the determination of the board. The provisions above shall only apply to hearings. No disciplinary action may be taken until the accused has been furnished both a statement of the charges against him and notice of the time and place of the hearing thereon, which shall be personally served on such accused or mailed by certified mail, return receipt requested, to the last known business or residence address of the accused not less than thirty (30) days prior to the date fixed for the hearing. The complaining party shall be notified of the place and time of the hearing by mail to the last known business or residence address of the complaining party not less than thirty (30) days prior to the date fixed for the hearing. (3) At any hearing held hereunder, the board shall have the power to subpoena witnesses and compel their attendance and may also require the production of books, papers, documents or other materials which may be pertinent to the proceedings. The board may designate or secure a hearing officer to conduct the hearing. All evidence shall be presented under oath, which may be administered by any member of the board, and thereafter the proceedings may, if necessary, be transcribed in full by a court reporter and filed as part of the record in the case. Copies of such transcriptions may be provided to any party to the proceedings at a price reflecting actual cost, to be fixed by the board. All witnesses who are subpoenaed and appear in any proceedings before the board shall receive the same fees and mileage as allowed by law to witnesses in county, circuit and chancery court pursuant to Section 25-7-47 , Mississippi Code of 1972, and all such fees shall be taxed as part of the costs in the case. When, in any proceeding before the board, any witness shall fail or refuse to attend upon subpoena issued by the board, 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 manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state. The accused and the complaining party shall have the right to be present at the hearing in person, by counsel or other representative, or both. The board is authorized for proper cause to continue or recess the hearing as may be necessary. (4) At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation. The board shall render its decision not more than ninety (90) days after the close of the hearing and shall forward to the last known business or residence address of the accused, by certified mail, return receipt requested, a written statement of the decision of the board. (5) If a majority of the board finds the accused guilty of the charges filed, the board may: (a) Issue a public or private reprimand; (b) Suspend or revoke the license of the accused; (c) Order completion of an additional educational requirement prescribed by the board not to exceed two (2) hours per violation; or (d) In lieu of or in addition to any reprimand, suspension, revocation, or education requirement, assess and levy upon the guilty party a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation. (6) A monetary penalty assessed and levied under this section shall be paid to the board upon the expiration of the period allowed for appeal of such penalties under this section or may be paid sooner if the guilty party elects. Money collected by the board under this section shall be deposited to the credit of the State Board of Contractors Fund. When payment of a monetary penalty assessed and levied by the board in accordance with this section is not paid when due, the board shall have the power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county of residence of the delinquent party; however, if the delinquent party is a nonresident of the State of Mississippi, such proceedings shall be in the Chancery Court of the First Judicial District of Hinds County, Mississippi. (7) When the board has taken a disciplinary action under this section, the board may, in its discretion, stay such action and place the guilty party on probation for a period not to exceed one (1) year upon the condition that such party shall not further violate either the laws of the State of Mississippi pertaining to the practice of residential construction or residential remodeling or the bylaws, rules or regulations promulgated by the board. (8) The board shall not assess any of the costs of disciplinary proceedings conducted pursuant to this section against the prevailing party. (9) The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceedings, civil or criminal, concerning the same violation or violations except as provided in this section. (10) The board, for sufficient cause, may reissue a revoked license whenever a majority of the board members vote to do so. (11) Within ten (10) days after any order, judgment or action of the board, any person aggrieved thereby may appeal such order, judgment or action either to the chancery court of the county wherein the appellant resides or to the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon giving bond with sufficient security in the amount of Two Hundred Fifty Dollars ($250.00), approved by the clerk of the chancery court and conditioned to pay any costs which may be adjudged against such person. In lieu of the bond, the appellant may post Two Hundred Fifty Dollars ($250.00) with the clerk of the chancery court and conditioned to pay any costs which may be adjudged against such person. Notice of appeal shall be filed in the office of the clerk of the chancery clerk, who shall issue a writ of certiorari directed to the board commanding it within forty-five (45) days after service thereof to certify to such court its entire record in the matter in which the appeal has been taken. The appeal shall thereupon be heard in due course by the court, and the court shall review the record and shall affirm or reverse the judgment. If the judgment is reversed, the chancery court or chancellor shall render such order or judgment as the board ought to have rendered, and certify the same to the board; and costs shall be awarded as in other cases. Appeals may be had to the Supreme Court of the State of Mississippi as provided by law from any final action of the chancery court. The board may employ counsel to defend all such appeals, to be paid out of the funds in the State Board of Contractors Fund. On appeal, any order, judgment or action of the board revoking a certificate of responsibility or residential license shall remain in full force unless the chancery court or Supreme Court reverses such order, judgment or action of the board. The remedies provided under this chapter for any aggrieved person shall not be exclusive, but shall be cumulative of and supplemental to any other remedies which he may otherwise have in law or in equity, whether by injunction or otherwise. (12) Any political subdivision or agency of this state which receives a complaint against a residential builder or remodeler shall, in addition to exercising whatever authority such political subdivision or agency has been given over such complaint, forward the complaint to the board. (13) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153 . 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. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163 , as the case may be, rather than the procedure specified in this section. 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. Laws, 1993, ch. 534, § 7; reenacted and amended, Laws, 1995, ch. 431, § 7; reenacted and amended, Laws, 2000, ch. 345, § 7; reenacted without change, Laws, 2005, ch. 375, § 7; reenacted without change, Laws, 2009, ch. 556, § 7; reenacted without change, Laws, 2011, ch. 433, § 7, eff. 7/1/2011. Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 17, eff. 7/1/2015.

Miss. Code Ann. § 73-60-1

The following words shall have the meaning ascribed in this section unless the context clearly indicates otherwise: (a) "Client" means any person who engages or seeks to engage the services of a home inspector for the purpose of obtaining an inspection of and written report on the conditions of a residential building. (b) "Home inspection" means the process by which a home inspector examines the observable systems and components of improvements to residential real property that are readily accessible. (c) "Home inspection report" means a written evaluation prepared and issued by a home inspector concerning the condition of the improvements to residential real property. (d) "Home inspector" means any person, who for compensation, conducts a home inspection. (e) "Residential real property" means a structure intended to be, or that is in fact, used as a residence and consisting of one (1) to four (4) family dwelling units. (f) " Appraisal Board" means the Mississippi Real Estate Appraisal Board as established under Section 73-34-8, Mississippi Code of 1972. (g) "Home Inspector Board" means the Home Inspector Regulatory Board that is created pursuant to this chapter. Laws, 2001, ch. 539, § 1, eff. 7/1/2001. Amended by Laws, 2024, ch. 376, SB 2788,§ 2, eff. 7/1/2024. Reenacted by Laws, 2017, ch. 389, SB 2017, 1, eff. 7/1/2017. Amended by Laws, 2013, ch. 442, SB 2698, 1, eff. 7/1/2013. See Laws, 2017, ch. 389, SB 2017, § 7.

Miss. Code Ann. § 73-60-13

(1) All home inspectors are required to carry general liability insurance and errors and omissions insurance. (2) Such policy and certificates shall provide that cancellation or nonrenewal of the policy shall not be effective unless and until at least ten (10) days' notice of cancellation or nonrenewal has been received in writing by the Appraisal Board. (3) Insurance coverage limits shall be no less than Two Hundred Fifty Thousand Dollars ($250,000.00) for general liability and no less than Two Hundred Fifty Thousand Dollars ($250,000.00) for errors and omissions, per occurrence. Laws, 2001, ch. 539, § 7, eff. 7/1/2001. Amended by Laws, 2024, ch. 376, SB 2788,§ 7, eff. 7/1/2024.

Miss. Code Ann. § 73-60-15

(1) An action by a client to recover damages for any act or omission of a home inspector relating to a home inspection that he conducts shall be commenced within three (3) years after the date a home inspection is completed or the action shall be barred. Further, a licensed home inspector shall not be liable for any latent defects that may be contained in the observable systems and components of improvements to residential real property that he has inspected and has issued a home inspection report. (2) Any professional who is licensed by the State of Mississippi when acting within the scope of his profession and is not a licensed home inspector shall not be liable for the findings, errors, or omissions of the home inspection, provided that he has not provided physical work on the residential building; has not committed proven fraud in the real estate transaction; and has no personal or financial interest in the ownership of the residential building. (3) Any person who in good faith or intention recommends or endorses a home inspector without compensation, remuneration, rebate, or any other form of consideration shall not be liable for the actions of that home inspector, including errors, omissions, failure to perform any contracted duties of a home inspection, or failure to meet the standards of practice, report writing standards, or code of ethics. Laws, 2001, ch. 539, § 8, eff. 7/1/2001.

Miss. Code Ann. § 73-60-17

(1) A licensed home inspector is required to follow the Standards of Practice and Code of Ethics as adopted and published by the commission. (2) A home inspection report must be issued by a home inspector to a client as specified in the Standards of Practice. Laws, 2001, ch. 539, § 9, eff. 7/1/2001. Brought forward by Laws, 2024, ch. 376, SB 2788,§ 8, eff. 7/1/2024.

Miss. Code Ann. § 73-60-23

(1) Each person who applies for renewal of his or her license shall successfully complete home inspector continuing education courses approved by the Appraisal Board at the rate of twenty (20) hours every two (2) years. No license may be renewed except upon the successful completion of the required courses or their equivalent or upon a waiver of those requirements for good cause shown as determined by the Appraisal Board pursuant to rule with the recommendation of the Home Inspector Board. (2) The Appraisal Board shall establish criteria for certifying providers of continuing education for home inspectors. All such continuing education providers must be approved by the Appraisal Board. (3) Each renewal applicant shall certify, on his or her renewal application, full compliance with continuing education requirements. The provider of approval of continuing education shall retain and submit to the commission, after the completion of each course, evidence of those successfully completing the course. Laws, 2001, ch. 539, § 12, eff. 7/1/2001. Amended by Laws, 2024, ch. 376, SB 2788,§ 10, eff. 7/1/2024. Reenacted by Laws, 2017, ch. 389, SB 2017, 4, eff. 7/1/2017. Amended by Laws, 2013, ch. 442, SB 2698, 4, eff. 7/1/2013. See Laws, 2017, ch. 389, SB 2017, § 7.

Miss. Code Ann. § 73-60-25

A home inspector license may be issued to a home inspector from another state who satisfies one (1) of the following requirements: (a) holds a valid certificate of certification, registration or home inspector license in good standing issued by another state, which has requirements for licensure substantially identical to those of this state, or (b) has passed the examination offered by the American Society of Home Inspectors or the National Association of Home Inspectors. The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2 , as applicable. Laws, 2001, ch. 539, § 13, eff. 7/1/2001. Amended by Laws, 2021, ch. 398, HB 1263,§ 37, eff. 7/1/2021. Amended by Laws, 2013, ch. 350, SB 2419, 40, eff. 7/1/2013.

Miss. Code Ann. § 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) After October 1, 2001, no person licensed under this chapter shall offer to perform or perform inspection services on new construction for a fee without having first obtained a residential home builders license from the Mississippi Board of Contractors and certification by the Southern Building Code Congress or any other national professional code organization. Laws, 2001, ch. 539, § 14, eff. 7/1/2001. Amended by Laws, 2024, ch. 376, SB 2788,§ 11, eff. 7/1/2024.

Miss. Code Ann. § 73-60-29

The Appraisal Board shall charge and collect appropriate fees for its services under this chapter. The fees charged shall not exceed the amounts indicated below and shall be set by the Appraisal Board. LICENSURE FEES: Application and examination.............................. $175.00 Initial and renewal license.............................. $325.00 Delinquent renewal penalty................... 100% of renewal fee SERVICES: For each change of address............................... $ 25.00 For each duplicate license............................... $ 25.00 To change status as a licensee from active to inactive.... $ 25.00 For each bad check received by the commission............. $ 25.00 All fees charged and collected under this chapter shall be paid by the Appraisal Board at least once a week, accompanied by a detailed statement thereof, to the credit of the fund known as the "Home Inspector License Fund," hereby created in the State Treasury. All monies which are collected under this chapter shall be paid into and credited to such fund for the use of the Home Inspector Board in carrying out the provisions of the chapter, including the payment of salaries and expenses, printing an annual directory of licensees, and for educational purposes. All interest earned on the Home Inspector License Fund shall be retained by the Home Inspector Board for purposes consistent with this chapter. The Appraisal Board shall submit a monthly statement to the Home Inspector Board detailing any expenses which it bears as a share in the expense of administering this chapter, for which expenses it shall be reimbursed in the amount approved by the Home Inspector Board. The Appraisal Board shall prepare an annual statement of income and expenses related to its regulatory-related administrative function. Laws, 2001, ch. 539, § 15, eff. 7/1/2001. Amended by Laws, 2024, ch. 376, SB 2788,§ 12, eff. 7/1/2024. Reenacted by Laws, 2017, ch. 389, SB 2017, 5, eff. 7/1/2017. Amended by Laws, 2013, ch. 442, SB 2698, 5, eff. 7/1/2013. See Laws, 2017, ch. 389, SB 2017, § 7.

Miss. Code Ann. § 73-60-3

This chapter shall be administered and enforced by the Mississippi Real Estate Appraisal Board, which shall have the duties and powers to: (a) Receive applications for licensure as a home inspector under this chapter, establish appropriate administrative procedures for the processing of applications and issue licenses to qualified applicants pursuant to the provisions of this chapter; (b) Implement recommendations made to the Mississippi Real Estate Appraisal Board by the Home Inspector Regulatory Board with respect to upgrading and improving the experience, education and examination requirements that are required for a home inspector license; (c) Adopt and publish a code of ethics and standards of practice for persons licensed under this chapter; (d) Collect all licensing fees required or permitted by this chapter; (e) Take appropriate action upon a decision and the related findings of fact made by the Home Inspector Board, or a hearing officer employed by the Home Inspector Board, if, after an administrative hearing, the Home Inspector Board or hearing officer (i) determines that a licensed home inspector under this chapter has violated the code of ethics and standards established under this section, and (ii) recommends that the license of the home inspector be suspended or revoked, that renewal be denied, or that some other disciplinary action be taken; (f) Develop and adopt a licensing examination, which would meet nationally recognized standards, to determine the knowledge of an applicant of the home inspector profession; (g) Solicit bids and enter into contracts with one or more educational testing services or organizations approved by the Home Inspector Board for the preparation of questions and answers for licensure examinations under this chapter; (h) Develop the application and license forms; (i) Adopt rules and regulations for the administration of this chapter that are not inconsistent with the provisions of this chapter or the Constitution and laws of Mississippi or of the United States; (j) Employ an assistant to the Appraisal Board administrator who shall keep a record of all proceedings, transactions, communications and official acts of the Appraisal Board and perform such other duties as the Appraisal Board may require; and (k) Employ such other staff and technical assistance as may be necessary to properly administer the requirements of this chapter. Laws, 2001, ch. 539, § 2, eff. 7/1/2001. Amended by Laws, 2024, ch. 376, SB 2788,§ 3, eff. 7/1/2024. Reenacted by Laws, 2017, ch. 389, SB 2017, 2, eff. 7/1/2017. Amended by Laws, 2013, ch. 442, SB 2698, 2, eff. 7/1/2013. See Laws, 2017, ch. 389, SB 2017, § 7.

Miss. Code Ann. § 73-60-31

The Appraisal Board may refuse to issue , renew, or may revoke or suspend, a license or may place on probation, censure, reprimand or take other disciplinary action with regard to any license issued under this chapter, including the issuance of fines for each violation, for any one (1) or combination of the following causes: (a) Violations of this chapter or the Appraisal Board's rules promulgated pursuant hereto; (b) Violation of terms of license probation; (c) Conviction of a felony or making a plea of guilty or nolo contendere within five (5) years prior to the date of application; (d) Operating without adequate insurance coverage required for licensees; (e) Fraud in the procurement or performance of a contract to conduct a home inspection; and (f) Failure to submit to or pass a background investigation pursuant to Section 73-60-47 . Laws, 2001, ch. 539, § 16, eff. 7/1/2001. Amended by Laws, 2024, ch. 376, SB 2788,§ 13, eff. 7/1/2024. Amended by Laws, 2021, ch. 318, HB 352,§ 3, eff. 7/1/2021.

Miss. Code Ann. § 73-60-39

A person already engaged in the business of performing home inspections on July 1, 2001, is allowed ninety (90) days from July 1, 2001, to comply with the provisions of this chapter for the purpose of qualifying to perform home inspections. Such person will qualify for a license without being required to take an examination if he or she can document to the satisfaction of the Appraisal Board that he or she has conducted not less than twenty (20) fee-paid home inspections in the previous twelve (12) months or one hundred (100) fee-paid home inspections over his or her career or that he or she has received certification as a home inspector from a nationally recognized education center in a curriculum approved by the United States Department of Housing and Urban Development and the United States Department of Education. Laws, 2001, ch. 539, § 20, eff. 7/1/2001. Amended by Laws, 2024, ch. 376, SB 2788,§ 17, eff. 7/1/2024.

Miss. Code Ann. § 73-60-45

The Home Inspector Board may employ legal counsel to represent it in any proceedings when legal counsel is required. Laws, 2001, ch. 539, § 23, eff. 7/1/2001. Amended by Laws, 2024, ch. 376, SB 2788,§ 19, eff. 7/1/2024. Reenacted by Laws, 2017, ch. 389, SB 2017, 6, eff. 7/1/2017. Amended by Laws, 2013, ch. 442, SB 2698, 6, eff. 7/1/2013. See Laws, 2017, ch. 389, SB 2017, § 7.

Miss. Code Ann. § 73-60-47

(1) (a) To qualify for a Mississippi home inspector license, an applicant must have successfully been cleared for licensure through an investigation that shall consist of a determination that the applicant does not possess a background which calls into question public trust, as set forth below in subsection (2), and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Section 73-60-31 . (b) To assist the commission in conducting its licensure investigation, on or after July 1, 2021, all applicants for a Mississippi home inspector license, and all applicants for renewal of any home inspector license shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the Appraisal Board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose. (c) Any and all state or national criminal history records information obtained by the Appraisal Board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the Appraisal Board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the Appraisal Board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the commission to any other person or agency. (d) The Appraisal Board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories. (e) The Appraisal Board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the Appraisal Board in requesting and obtaining state and national criminal history records information on the applicant. (2) (a) The Appraisal Board must ensure that applicants for home inspector licenses do not possess a background that could call into question public trust. An applicant found by the Appraisal Board to possess a background which calls into question the applicant's ability to maintain public trust shall not be issued a home inspector license. (b) The Appraisal Board shall not issue a home inspector license if: (i) The applicant has had a home inspector license revoked in any governmental jurisdiction within the five-year period immediately preceding the date of the application; (ii) The applicant has been convicted of, or pled guilty or nolo contendere to, a felony in a domestic or foreign court involving an act of fraud, dishonesty or a breach of trust, or money laundering at any time preceding the date of the application if, in the discretion of the Appraisal Board following notice to the applicant and a hearing, good cause exists to deny or not renew licensure. (c) Applicants for a home inspector license or renewal of a home inspector license who hold any other license falling under the jurisdiction of the Appraisal Board requiring a background check shall not be required to pay for more than one (1) background check during a calendar year. (d) The Appraisal Board shall adopt rules and regulations necessary to implement, administer and enforce the provisions of this section. Amended by Laws, 2024, ch. 376, SB 2788,§ 20, eff. 7/1/2024. Added by Laws, 2021, ch. 318, HB 352,§ 1, eff. 7/1/2021.

Miss. Code Ann. § 73-60-5

(1) There is hereby created, as an adjunct board to the Mississippi Real Estate Appraisal Board, a board to be known as the Home Inspector Regulatory Board, which shall consist of five (5) members appointed by the Governor, with the advice and consent of the Senate, to include one (1) representative from each congressional district, one (1) from the state at large and all shall be licensed home inspectors. Two (2) members shall be appointed to serve for a term of three (3) years, two (2) members shall be appointed to serve for a term of two (2) years and one (1) member shall be appointed to serve for a term of one (1) year. Thereafter, each member shall be appointed to serve for a term of four (4) years. (2) The Home Inspector Regulatory Board shall advise the Mississippi Real Estate Appraisal Board or its designee on all matters relating to this chapter. The Home Inspector Regulatory Board shall meet no less than four (4) times annually and shall be reimbursed for expenses on a per diem basis pursuant to state law. Reenacted and amended by Laws, 2024, ch. 376, SB 2788,§ 1, eff. 7/1/2024. Repealed by Laws, 2013, ch. 442, SB 2698, 7, eff. 7/1/2013. Laws, 2001, ch. 539, § 3; Laws, 2006, ch. 356, § 1, eff. 7/1/2006.

Miss. Code Ann. § 73-60-7

(1) The Home Inspector Regulatory Board shall have the duties and powers to: (a) Be responsible for matters relating to home inspectors' code of ethics and standards, home inspector qualifications, testing standards and disciplinary functions. (b) Hold meetings, public hearings and administrative hearings and prepare examination specifications for licensed home inspectors. (c) Conduct investigations, subpoena individuals and records, administer oaths, take testimony and receive evidence and to do all other things necessary and proper to discipline a person licensed under this chapter and to enforce this chapter. In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon application by the Appraisal Board, may issue to this person an order requiring him or her to appear before the Appraisal Board, or the officer designated by him or her, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as contempt of court. (d) Further define by regulation, the type of educational experience, home inspector experience and equivalent experience that will meet the statutory requirements. (e) Recommend suspension or revocation of licenses pursuant to the disciplinary proceedings provided for in this chapter. (f) Present an annual budget to the Mississippi Legislature for approval. A copy of the budget shall be given to the Appraisal Board. (2) The members of the Appraisal Board and the Home Inspector Board shall be immune from any civil action or criminal prosecution for initiating or assisting in any lawful investigation of the actions of, or participating in any disciplinary proceeding concerning, a home inspector licensed pursuant to this chapter, provided that such action is taken without malicious intent and in the reasonable belief that the action was taken pursuant to the powers and duties vested in the members of the Appraisal Board and Home Inspector Board under this chapter. Laws, 2001, ch. 539, § 4, eff. 7/1/2001. Amended by Laws, 2024, ch. 376, SB 2788,§ 4, eff. 7/1/2024. Reenacted by Laws, 2017, ch. 389, SB 2017, 3, eff. 7/1/2017. Amended by Laws, 2013, ch. 442, SB 2698, 3, eff. 7/1/2013. See Laws, 2017, ch. 389, SB 2017, § 7.

Miss. Code Ann. § 73-60-9

(1) No person may engage in or transact any home inspection business, or hold himself or herself out to the public as a home inspector, or offer to engage in or transact any home inspection business in this state unless the person is licensed by the Appraisal Board. (2) No license shall be issued under the provisions of this chapter to a partnership, association, corporation, limited liability company or partnership, firm or group. However, nothing in this chapter precludes a licensed home inspector from performing home inspection for and on behalf of a partnership, association, corporation, limited liability company or partnership, firm or group or from entering into contracts or enforcing contracts as partnership, association, corporation, limited liability company or partnership, firm or group. Laws, 2001, ch. 539, § 5, eff. 7/1/2001. Amended by Laws, 2024, ch. 376, SB 2788,§ 5, eff. 7/1/2024.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)