Home inspectors; allow to inspect new residential construction up to 14 days prior to close of sale.
Summary
SB 2418 amends Mississippi’s home inspector law to give buyers of new construction residential property and condominium units a clear right to have the property inspected by a licensed home inspector before closing. The bill allows that inspection to occur up to 14 days before closing, or longer if the buyer and seller agree in writing. It also states that a seller or seller’s agent may not make acceptance of an offer contingent on the buyer waiving, limiting, or giving up that inspection right.
The bill further requires every offer to purchase a new construction home or condominium to include standardized language explaining the inspection right, that the inspection is at the buyer’s expense, and that the buyer may terminate the purchase agreement if an unsatisfactory inspection is timely reported in writing. If the buyer does not timely exercise that right, the seller and listing broker are released from claims about conditions that could reasonably have been discovered by the buyer or inspector. The act takes effect July 1, 2025.
Impact
The bill primarily affects Section 73-60-27 of the Mississippi Code, which governs home inspectors, and adds new requirements for purchase agreements involving new construction residential structures and condominium units. It reinforces the licensing framework for home inspectors while clarifying when inspections may be performed on new construction and prohibiting waiver of inspection rights as a condition of sale. It also creates a standardized contract disclosure and termination procedure that will apply to sellers, agents, buyers, and listing brokers in new construction transactions.
Sentiment
The available voting history suggests strong support for the bill: the Mississippi Senate passed SB 2418 unanimously, 51-0, on February 6, 2025. No committee transcript is available, but the bill’s language indicates a consumer-protection focus that appears broadly acceptable to lawmakers. The absence of recorded opposition or amendments in the provided materials suggests little visible controversy in the Senate stage.
Contention
The main policy issue addressed by the bill is whether buyers of new construction should be allowed a meaningful pre-closing inspection and whether sellers can require buyers to waive that right. The bill resolves that issue in favor of buyers by prohibiting waiver as a condition of acceptance and by requiring standardized disclosure language. Any potential contention would likely center on added transaction requirements for builders, sellers, and agents, as well as the possibility of delayed closings or contract terminations if inspections reveal problems, but no specific opposition is reflected in the provided record.