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Mississippi Contracts Questions & Answers
2 Answers | Asked in Contracts and Real Estate Law for Mississippi on
Q: Validity of a non-notarized property contract and warranty deed dispute in Mississippi

I signed a contract and a warranty deed for property with my five siblings. The paperwork explicitly required each signature to be notarized. Three of my siblings signed in front of a notary, but two did not. The property is in Mississippi, and now the two siblings whose signatures were not... View More

Anthony M. Avery
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answered on May 2, 2025

You will need a MS attorney to examine the document. But land is conveyed by an executed and delivered Deed, not just a contract to do something. Who is the grantee? He does not need to sign the Deed. If the document can be construed as a Deed, then any proper grantors have already conveyed... View More

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2 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Mississippi on
Q: Is it a breach of contract if investor added extra fees post-signing?

I'm based in Mississippi and attempted to secure a hard money real estate loan with an investor from Phoenix, AZ. We signed a contract online, which stipulated an origination fee to be paid, and the loan funds were to be disbursed within one business day upon completion and verification of... View More

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2025

A Mississippi attorney could advise best, but your question remains open for two weeks. Yes, it could be a breach, and it could also be a misunderstanding due to communication. From a textbook standpoint, one party acting on their own does not usually have authority to change the terms of a... View More

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3 Answers | Asked in Estate Planning and Contracts for Mississippi on
Q: How can I appoint someone other than my spouse to have legal authority in Mississippi?

I'm currently married, but I want to appoint another person to have legal authority over my personal care and any other matters I choose, both now and in the future. I do not want my spouse to have any legal say in my personal affairs. The appointed person agrees to take on these... View More

Brad Williams
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answered on Mar 14, 2025

In Mississippi, you can appoint someone other than your spouse to handle your financial and healthcare decisions by executing a Durable Power of Attorney (DPOA) for finances and an Advance Health-Care Directive for medical decisions. These legally binding documents override a spouse’s default... View More

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1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Landlord - Tenant for Mississippi on
Q: My lessor has been entering my home without warning or notification. Is this legal?
James L. Arrasmith
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answered on Feb 24, 2024

No, it's not legal for your lessor to enter your home without warning or notification. As a tenant, you have the right to privacy and peaceful enjoyment of your rented space. Landlords are typically required to provide reasonable notice before entering your home, except in cases of emergency.... View More

1 Answer | Asked in Contracts and Admiralty / Maritime for Mississippi on
Q: I've just become aware of title 18 usc 242-245 under color of. And the 12 persumtions of the bar guild,and admirality.

Under admiralty law of the water and being pursumed lost at sea.and being charged under corporate codes,statutes,Public policy,misrepresentation of name,none discloser.fraudelent ,communist democracy,operated out of Dobos Switzerland, and administered from fleet street Egland,for the bishopric of... View More

James L. Arrasmith
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answered on Nov 18, 2023

The concepts you're referring to, such as admiralty law applying to individuals and notions of being "lost at sea" or governed by "corporate codes" under a "communist democracy" operated from Switzerland or England, are not recognized principles in United States... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Mississippi on
Q: Can my landlord require me to pay the light bill without a written agreement?

Can my landlord, in Jackson County, Mississippi, require me to pay the light bill without a formal lease agreement stating this? Three years ago, we agreed informally that I would pay rent according to an old lease, which states I am responsible for utilities. However, my landlord recently insisted... View More

James L. Arrasmith
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answered on Nov 8, 2025

You can be held to pay utilities in Mississippi if your lease—written or oral—makes you responsible; leases longer than one year must be in writing, but a month-to-month arrangement can be oral. Because you agreed to keep paying “according to” the old lease that put utilities on you, a... View More

1 Answer | Asked in Contracts, Landlord - Tenant, Family Law and Real Estate Law for Mississippi on
Q: Do I have the right to take items I bought from a shared home in Mississippi?

I am planning to leave a shared living situation with my partner in Mississippi. I have receipts for items I personally purchased, including a living room set, refrigerator, and stove. My partner is unaware that I am planning on leaving, and there is no formal agreement between us regarding... View More

James L. Arrasmith
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answered on Nov 5, 2025

That’s an understandable concern, especially when you’ve invested your own money into shared household items. In Mississippi, ownership of personal property is generally determined by who purchased the item, regardless of where it’s located. If you have receipts showing that you bought the... View More

1 Answer | Asked in Contracts and Civil Litigation for Mississippi on
Q: I paid for saddles, but seller now demands more money. What are my options?

I have a situation where I agreed to purchase saddles for $300. Upon arriving at the seller's house, they noticed one saddle was slightly damaged and a saddle pad had a hole, and then agreed to reduce the price to $250. I informed them I had $225 cash on me, and they were okay with me sending... View More

James L. Arrasmith
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answered on Oct 26, 2025

You formed a valid oral contract for goods, and at $300—later $250—it falls below Mississippi’s $500 Statute of Frauds threshold, so no writing was required. When defects surfaced, you and the seller modified the price to $250, which Article 2 of the UCC allows in good faith without extra... View More

2 Answers | Asked in Car Accidents, Contracts, Civil Litigation, Estate Planning and Personal Injury for Mississippi on
Q: How can I reverse a house transfer to my son under distress?

I am in Mississippi and was recently involved in a major car accident. While I was in the hospital recovering, my son convinced me to transfer my house into his name through a legal document in December. At the time, I was under distress and not in the right state of mind to make such a decision.... View More

Baskin Lowber Jones
Baskin Lowber Jones
answered on Oct 25, 2025

This is troubling. It is very likely that if you were administered narcotic pain medication that this transfer to your son could be set aside. Give us a call at 601-272-2406 to discuss further.

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1 Answer | Asked in Real Estate Law and Contracts for Mississippi on
Q: What are the options to sell a property with multiple grantors in agreement in Mississippi?

I am one of the grantors of a property located in Mississippi, which is co-owned with my siblings, and two nephews and two nieces. We are all in agreement to sell the property, but we haven't started any formal process yet. What are the options for us to proceed with the sale given our... View More

James L. Arrasmith
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answered on Oct 25, 2025

Because you and your siblings, nephews, and nieces agree to sell, you can proceed by collective conveyance. Start by ordering a Mississippi title commitment to confirm vesting and liens and to determine whether any spouse must sign to release homestead rights.

The cleanest path uses one...
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Q: Seeking legal advice for breach of contract/tort against Minnesota trucking company, considering federal court filing due to breach, intimidation, and damages over $75K.

I am an owner-operator from Mississippi involved in a breach of contract and tort claim against a trucking company based in Minnesota. Although the contract suggests using a mediator or arbitrator, the breach, lack of good faith, and intimidation tactics have led me to consider filing in federal... View More

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2025

I'm sorry this happened to you. If the contract has clauses that require arbitration, those are enforceable. That could dictate choosing the path of arbitration over litigation in court. But you say that the contract "suggests" using a mediator or arbitrator. That could benefit from... View More

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1 Answer | Asked in Criminal Law, Personal Injury and Contracts for Mississippi on
Q: Grand larceny charge in DeSoto, MS related to U-Haul rental accident. First-time offender seeking advice on legal approach and possible outcomes.

I am a first-time offender in DeSoto, Mississippi, charged with grand larceny under a rental agreement. I was indicted and bailed out without seeing a judge yet. The amount in question is $2,000, related to a U-Haul trailer that I couldn't return due to an accident. The truck was immobile, and... View More

James L. Arrasmith
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answered on Sep 11, 2025

Since this is your first offense, the court may consider your clean record when determining outcomes. Grand larceny in Mississippi can carry serious penalties, including fines, probation, and potential jail time, depending on the value involved and the circumstances. Because the amount is \$2,000,... View More

1 Answer | Asked in Estate Planning, Gov & Administrative Law and Contracts for Mississippi on
Q: How to access fiancé's funds with DPOA, bank denial issue?

I was granted Durable Power of Attorney (DPOA) for my fiancé, which was properly signed and notarized by a law firm in Picayune, Mississippi. My fiancé is currently incarcerated for a year, and the bank has twice denied recognizing the DPOA, claiming he must submit it himself, which is impossible... View More

James L. Arrasmith
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answered on Sep 2, 2025

It’s very frustrating to hold a valid Durable Power of Attorney and still be turned away by the bank. In Mississippi, a properly executed and notarized DPOA should allow you to act on behalf of your fiancé, but some banks put up internal barriers or claim “policy” as a way to refuse. Without... View More

1 Answer | Asked in Consumer Law and Contracts for Mississippi on
Q: Can I cancel my Wyndham timeshare due to deceptive practices?

I entered into a timeshare contract with Wyndham Vacations Club on July 1, 2025, in Pigeon Forge, TN, and recently discovered it includes a perpetuity clause. I am a Mississippi resident and am attempting to cancel the contract. I sent 11 grievances to Wyndham regarding deceptive practices,... View More

James L. Arrasmith
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answered on Aug 31, 2025

Timeshare contracts are written to be very difficult to cancel once the rescission period has passed, but deceptive practices can give you another path to challenge them. If you truly did not receive the contract until after the cancellation window closed, you may be able to argue that you were... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights, Contracts and Real Estate Law for Mississippi on
Q: Should eviction case be under Civil Rights or Contract in MS?

I signed a lease for an apartment but was evicted. I have proof that management is not applying the rules and regulations uniformly to all tenants, and management lied under oath about following these rules. Should my case be categorized under Civil Rights/ Housing and Accommodations due to unfair... View More

James L. Arrasmith
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answered on Aug 31, 2025

The type of claim you pursue depends on the core issue you want the court to address. If your main argument is that the landlord failed to honor the lease and applied rules inconsistently, that generally falls under contract law. A breach of contract claim focuses on whether management failed to... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Mississippi on
Q: Can an apartment complex in MS change a signed lease from 4-bed/4-bath to 4-bed/3-bath?

I signed a lease 9 months ago for a 4-bedroom 4-bath apartment, and was recently notified via email that it has been changed to a 4-bedroom 3-bath apartment. The lease states that no changes are allowed during the lease term unless through a written addendum signed by both parties. The move-in date... View More

James L. Arrasmith
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answered on Jul 10, 2025

No, the apartment complex cannot legally change the terms of a signed lease from a 4-bedroom 4-bath to a 4-bedroom 3-bath without your written agreement. Since your lease clearly states that modifications require a signed addendum by both parties, their unilateral change by email does not meet that... View More

1 Answer | Asked in Construction Law, Contracts, Employment Law and Real Estate Law for Mississippi on
Q: Legal options after company rescinded job offer and camper purchase in remote location.

I received a formal job offer on June 17th from a large construction company to work out of state on a solar farm project. The location was remote, requiring me to purchase a camper to be able to stay near the site. Before purchasing the camper, I confirmed with the company that my employment was... View More

James L. Arrasmith
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answered on Jul 5, 2025

You may have a viable claim under the doctrine of promissory estoppel if you can prove the company made a clear promise of employment, you reasonably relied on that promise, and you suffered a financial loss as a result—namely, the purchase of the camper. The key issue is whether the company gave... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Employment Law, Criminal Law and Real Estate Law for Mississippi on
Q: Can partner's sister with POA evict me from property in MS?

I have been living at a property for over 10 years. My partner was indicted by a grand jury in October 2022 for a third-time possession of a controlled substance. The trial was set to start in April 2025, but he falsified a death claim and abandoned the property. He was recorded as deceased in... View More

James L. Arrasmith
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answered on Jun 14, 2025

You’ve been in a confusing and unfair situation, and it’s understandable that you’re unsure of your rights. Living at the property for over a decade and paying taxes and bills gives you some standing, especially if there was no formal lease but you were there with your partner’s consent. A... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Contracts for Mississippi on
Q: Ensure living rights on a property after signing away rights.

I'm 62, and my sister, who is 64, lives with me on a property where I signed away all rights before my mother's passing. We live in separate houses on the same property, sharing utilities, and I have invested money into it. I want to ensure I can continue living there if my sister passes... View More

James L. Arrasmith
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answered on Jun 10, 2025

You’re absolutely right to start thinking about this now—especially after putting time, money, and love into the place you call home. If you signed away your rights to the property, then legally you don’t have ownership, but that doesn’t mean you can’t protect your right to stay. What you... View More

1 Answer | Asked in Estate Planning, Probate and Contracts for Mississippi on
Q: Legal rights to partner's belongings in Mississippi after their passing?

I lived with my partner for almost 14 years in Mississippi without being married or having any legal documents like a will. We had a camper, a Hot Wheels collection, tools, and a four-wheeler but no written agreements about who owned them, although we had some verbal agreements. I was the sole... View More

James L. Arrasmith
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answered on Jun 10, 2025

I'm really sorry you're going through this—losing a partner is hard enough without the added stress of legal uncertainty. In Mississippi, if there’s no will and you weren’t married, the law doesn’t automatically recognize your rights to your partner’s belongings, no matter how... View More

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