Mississippi Code
Miss. Code Ann. § 73-35-31 (2026)
Penalties for violations of chapter
✓ current as of July 2026
- (1) Any person violating a provision of this chapter shall, upon conviction of a first violation thereof, if a person, be punished by a fine or not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for a term not to exceed ninety (90) days, or both; and if a corporation, be punished by a fine of not more than Two Thousand Dollars ($2,000.00). Upon conviction of a second or subsequent violation, if a person, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand Dollars ($2,000.00), or by imprisonment for a term not to exceed six (6) months, or both; and if a corporation, be punished by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00). Any officer or agent of a corporation, or any member or agent of a partnership or association, who shall personally participate in or be accessory to any violation of this chapter by such corporation, partnership or association, shall be subject to the penalties herein prescribed for individuals.
- (2) In case any person, partnership, association or corporation shall have received any sum of money, or the equivalent thereto, as commission, compensation or profit by or in consequence of his violation of any provision of this chapter, such person, partnership, association or corporation shall also be liable to a penalty of not less than the amount of the sum of money so received and not more than four (4) times the sum so received, as may be determined by the court, which penalty may be sued for and recovered by any person aggrieved and for his use and benefit, in any court of competent jurisdiction.
- (3) No fee, commission or other valuable consideration may be paid to a person for real estate brokerage activities as described in subsection (1) of Section 73-35-3 unless the person provides evidence of licensure under the provisions of this chapter or provides evidence of a cooperative agreement provided under the authority of Section 73-35-11.
Codes, 1942, § 8920-16; Laws, 1954, ch. 318, § 16; Laws, 1976, ch. 357; reenacted, Laws, 1980, ch. 499, § 16; Laws, 2005, ch. 374, § 1, eff. 7/1/2005.
Notes of Decisions
Cited in 9
cases, 1997–2015 · leading case: McDerment v. Mississippi Real Est. Com'n, 748 So. 2d 114 (Miss. 1999).
McDerment v. Mississippi Real Est. Com'n, 748 So. 2d 114 (Miss. 1999). “McDerment argues that the provisions of Miss. Code Ann. § 73-35-31 , subject him to penal action, thereby entitling him to a jury trial.”
Fletcher v. Lyles, 999 So. 2d 1271 (Miss. 2009). “" Miss.Code Ann. § 73-35-31(2) (Rev.2008). [4] This Court notes that the motion for summary judgment contains arguments relating to the merits of the Fletchers' claims.”
Saucier v. Coldwell Banker JME Realty, 644 F. Supp. 2d 769 (S.D. Miss. 2007). “Plaintiff’s Standing Under Miss.Code Ann. § 73-35-31(2) and Defendants’ Motion to Strike Section 73-35-31(2) of the Mississippi Code states: (2) In case any person, partnership, association or corporation shall have received any sum of money, or the equivalent thereto, as…”
Harold Mosley v. Triangle Townhouses, LLC, 170 So. 3d 1251 (Miss. Ct. App. 2015). “See Miss. Code Ann. § 73-35-31 (3). ¶ 10. While the License Law has several exemptions and areas of nonapplication, we note the allegations in Mosley’s complaint do not fall under any of them.”
Forbes v. St. Martin, 145 So. 3d 1184 (Miss. Ct. App. 2013). “2012) (engineers); Miss. Code Ann. § 73-35-31 (Rev.2012) (real-estate brokers); Miss.”
Crase v. Hahn, 754 So. 2d 471 (Miss. Ct. App. 1999). “1991) and Miss.Code Ann. § 73-35-31 (Rev.1991). We disagree.”
Saucier v. Coldwell Banker Joseph M. Endry Realty, 291 F. App'x 674 (5th Cir. 2008). “Miss.Code Ann. § 73-35-31(2). Saucier argues that Defendants “illegally usurped commissions to which she would have been entitled under Mississippi law,” and therefore, she is a person aggrieved for purposes of the statute.”
Walter Boots McDerment v. Real Est. Comm'n, Mississippi (Miss. 1997). “McDerment argues that the provisions of Miss. Code Ann. § 73-35-31 , subject him to penal action, thereby entitling him to a jury trial.”
Monty C. Fletcher v. Jimmie L. Lyles (Miss. 2007). “” Miss. Code Ann. § 73-35-31 (2) (Rev. 2008).”
— Miss. Code Ann. § 73-35-31(2) — 3 cases
Fletcher v. Lyles, 999 So. 2d 1271 (Miss. 2009). “" Miss.Code Ann. § 73-35-31(2) (Rev.2008). [4] This Court notes that the motion for summary judgment contains arguments relating to the merits of the Fletchers' claims.”
Saucier v. Coldwell Banker JME Realty, 644 F. Supp. 2d 769 (S.D. Miss. 2007). “Plaintiff’s Standing Under Miss.Code Ann. § 73-35-31(2) and Defendants’ Motion to Strike Section 73-35-31(2) of the Mississippi Code states: (2) In case any person, partnership, association or corporation shall have received any sum of money, or the equivalent thereto, as…”
Saucier v. Coldwell Banker Joseph M. Endry Realty, 291 F. App'x 674 (5th Cir. 2008). “Miss.Code Ann. § 73-35-31(2). Saucier argues that Defendants “illegally usurped commissions to which she would have been entitled under Mississippi law,” and therefore, she is a person aggrieved for purposes of the statute.”
— Miss. Code Ann. § 73-35-31(3) — 1 case
Harold Mosley v. Triangle Townhouses, LLC, 170 So. 3d 1251 (Miss. Ct. App. 2015). “See Miss. Code Ann. § 73-35-31 (3). ¶ 10. While the License Law has several exemptions and areas of nonapplication, we note the allegations in Mosley’s complaint do not fall under any of them.”
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