No. 2008-00226.

• Case Date: May 23, 2008
• Court: Mississippi

Mississippi Attorney General Opinions 2008. Current through 2008 Legislative Session No. 2008-00226. DOCK: 2008-00226 May 23, 2008DOCK: 2008-00226AUTH: Kathy BotelerDATE: 20080523RQNM: Harold JonesSUBJ: SchoolsSBCD: 209William Harold Jones Attorney at Law P. O. Box 282 849 Highway 11 Petal, MS 39465Re: Payment of a Realtor's FeeDear Mr. Jones: Attorney General Jim Hood is in receipt of your opinion request as the attorney for the Petal School District regarding the propriety of payment for a part of the realtor's fee in conjunction with a purchase by the Petal School District of a parcel of land consisting of approximately nine (9) acres. You present the following facts in your request: The averaged appraised value, as obtained pursuant to Section 37-7-301, and determined by certified general appraisers is $2,250.00 short of the owner's asking price. This is because the owner must pay the realtor's commission. The Petal School District proposes to pay one-half of that commission, or $2,250.00, thereby allowing the sale to be consummated by the school district for the exact averaged appraised value. QUESTION You specifically ask whether the school district may pay an amount approximating one-half of the realtor's fee as set forth above. RESPONSE The school district may not pay the owner more than the average fair market value. However, it may contract with and pay a fee to a real estate agent for services in connection with the purchase. ANALYSIS The school board has authority to acquire in its own name by purchase all real property which shall be necessary and desirable in connection with the construction, renovation or improvement of any public school building or structure. Whenever the purchase price for such real property is greater than Fifty Thousand Dollars ($50,000.00), the school board shall not purchase the property for an amount exceeding the fair market value of such property as determined by the average of at least two (2) independent appraisals by certified general appraisers licensed by the State...