Buying or selling a home for the first time can be a daunting process for many consumers. The Nebraska Real Estate Commission’s website provides informational pamphlets about the process and the role of licensed real estate brokers and salespersons in that process. Nebraska law does not require the use of a licensed real estate broker for the sale or lease of real estate by the owner of the property, but we do recommend that you consult with or utilize the services of a licensed real estate broker or salesperson to facilitates the sale or an attorney for legal advice if you have questions or are uncertain about the process. Please see below for more consumer information and use the links to the left for more detailed information about real estate leasing and ownership in Nebraska.
Buying or Selling a Home
The Nebraska Real Estate Commission’s 20 page guide for consumers buying or selling a home is available for viewing and download here /sites/default/files/doc/Forms/cnsm.pdf Printed copies are also available at no charge from the Commission please call (402) 471-2004 or email realestate.commission@nebraska.govto request your copies.
Use the links to the left on this page for additional information about the steps and process of buying or selling a home in Nebraska, obtaining financing, working with a real estate agent, etc.
Seller Property Condition Disclosure Statement
Owner/sellers of residential property are required to fill out and provide a seller property condition disclosure statement to prospective buyers regardless of whether the property is for sale by owner or through a licensee. There are certain exceptions to this requirement but it generally applies to most residential home sales or sales of residential units of four units or less.
Agency Disclosure Information
Nebraska law requires all real estate Licensees to present and explain the agency disclosure form to all unrepresented parties and potential parties in a real estate transaction. The form is not a contract and does not create any obligation on the part of the person it is presented to. The Real Estate Commission urges you to take the time to read and understand the disclosure form. Further information about agent responsibilities can be found here:
Agency Disclosure Pamphlet
Real estate licensees are required to present an agency disclosure pamphlet upon the first substantial contact with a potential client or customer. Signing this pamphlet does not obligate you in any way to the licensee, it is merely a disclosure of the types of agency relationships and obligations which may be entered into between the licensee and you, the consumer, should a transaction or listing agreement be entered into in the future.
Community Resources and Information
Moving to a new town or new part of town? The “Community Resources” tab to the left on this page has more information about housing, education etc. in the community or neighborhood you are interested in.
Nebraska Sex Offender Registry
The Property Seller Disclosure Statement used in the sale of residential real estate in Nebraska does not require the disclosure of Registered Sex Offenders. If you are interested in finding out more about the registry and the presence of registered sex offenders in a neighborhood go the Nebraska Sex Offender Registry Website: https://sor.nebraska.gov/
Complaint Process
If you feel a licensee (broker or salesperson) has made a misrepresentation or not followed their duties or obligations under the license law you may file a complaint with the Commission. If you are unsure as to whether the grounds for a complaint exist please contact our office by phone or e-mail and we will be glad to discuss it further.
Help Stop Mortgage Fraud
Mortgage fraud can take many forms and many times parties are unknowingly brought into transactions which involve mortgage fraud to learn more about how to spot mortgage fraud click here https://www.fbi.gov/investigate/white-collar-crime
Time-Share Consumer Information
Thinking about purchasing, selling, or exiting a timeshare? This page provides consumers with valuable information about how timeshares work, common resale and exit scams, and resources to help you make informed decisions. It also includes educational videos and links to trusted industry and consumer protection resources to help you understand your rights and avoid costly mistakes. For more resources, visit responsibleexit.com
Search here for Nebraska Licensees
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Search Other Jurisdictions for Real Estate Licensee Status
By clicking on the link below, you will be connected with the Association of Real Estate License Law Officials' (ARELLO) Licensee Database. ARELLO is an international association of real estate regulatory jurisdictions. A considerable number of its members currently submit licensee data to the ARELLO database. The number of jurisdictions participating is continually increasing.
In searching the ARELLO licensee database, you may receive a reply including a message which states: "The following search results contain data from the Realtors database, but do not yet include information from [the jurisdiction searched] licensing agency." This means that that particular real estate regulatory jurisdiction is not submitting licensee information to the database.
If you receive this message as a result of your search, click on "Regulatory Agencies" in the left hand menu. This will take you to a list of real estate regulatory jurisdictions located in North America, Australia, the Pacific Region, Asia, Africa, the Middle East, Europe, Central America, South America and the Caribbean. Find the real estate regulatory jurisdiction and click on its name. This will take you to its website, which may or may not, have a searchable licensee database. If it does not, contact information is available on the site. If the jurisdiction is listed but does not have a website, its contact information is available.
Please visit our Frequently Asked Questions section located at: Frequently Asked Questions
Landlord tenant relations are generally governed by the Uniform Residential Landlord Tenant Act in Nebraska, and are not under the jurisdiction or authority of the Nebraska Real Estate Commission. Landlord tenant disputes generally must be worked out between the parties involved or, if no resolution can be worked out, through the use of attorneys and or the court system.
Uniform Residential Landlord Tenant Act
There are a great many resources available to assist Consumers in their real estate decisions and in the real estate transaction. Consumers are encouraged to access as many of these as possible in order to be fully informed when pursuing what is one of the largest purchases in their lives.
While it is not possible to include all resources, here, the following information contains a number of electronic links to other website's that you may wish to add to the resources that you have already identified. The information is categorized in the following categories:
Resources to review before you start the buying/selling process
Resources for the selling process
Resources for the buying process
RESOURCES TO REVIEW BEFORE YOU START THE BUYING/SELLING PROCESS.
The Mission of the Nebraska Real Estate Commission is:
To protect the public interest of Nebraska citizens through the efficient and effective administration of the Nebraska Real Estate License Act and the registration of Time-Share Projects, Subdivided Land Projects, and Retirement Subdivisions and Communities.
Consumers are encouraged to read the Consumer Guide to Buying and Selling Homes found at: www.nrec.ne.gov/pdf/forms/cnsm.pdf as preparation for their real estate transaction.
The U.S. Department of Housing and Urban Development has a questions and answers section available on their website about buying a new home which can be found at: https://www.hud.gov/topics/buying_a_home
RESOURCES FOR THE SELLING PROCESS
In addition to reviewing the resources listed in the section entitled: RESOURCES TO REVIEW BEFORE YOU START THE BUYING/SELLING PROCESS, it is suggested that you review the following resources.
If you are considering utilizing the services of a real estate licensee you may check the status of his/her real estate license by accessing the A Licensee and Applicant Information on the Nebraska Real Estate Commission's website. This site will also give you an indication of whether a disciplinary action has ever been taken against the individual's license. You may reach this information at: https://nrec.igovsolution.net/online/Verification/Individual
If you contact a real estate licensee, or if a licensee contacts you, he/she should provide an informational brochure to you that describes the agency relationship he/she is offering/providing to you, this material should be provided at the earliest opportunity during or following the licensee's first substantial contact with you. A copy of the generic agency brochure can be found at: /sites/default/files/doc/Legal/brokeragerelationshipinfo.pdf
A contractual agreement between the Seller and a real estate broker is usually referred to as a A Listing Agreement which typically does two main things. This agreement usually sets up the relationship and the compensation between the Seller and the real estate broker, who is represented by the affiliated real estate licensee who is working with you, the seller. The listing agreement sets forth the terms of the sale (price, what is and isn't included, etc) that the Seller is requesting and the duties and responsibilities of the listing licensee, also known as a seller's agent. While most real estate licensees have Listing Agreements that they routinely use, a copy of a sample Listing Agreement developed by the Nebraska Real Estate Commission is available at: /sites/default/files/doc/Forms/RIGHT2SL.pdf. In any event, if you have questions about a contract you should seek legal advice.
If you have questions about the duties and responsibilities of a real estate licensee with whom you are working and/or about the actions of a licensee in a real estate transaction then you may email the Deputy Director for Enforcement at: realestate.commission@nebraska.gov
If you believe that a real estate licensee has violated the Real Estate License Act or the Rules and Regulations then you may submit complaint forms to the Commission which will trigger an investigation and possibly result in disciplinary action taken against the real estate licensee's real estate license. Information regarding the complaint process may be found at: /sites/default/files/doc/Complaint/Complainant.pdf
Whether utilizing a real estate licensee or selling your home yourself the law requires that if you are selling a residential property consisting of 1 to 4 units, you must provide a Seller Property Condition Disclosure Form to all potential buyers before they become obligated to buy your property. Therefore, you should fill this form out thoroughly and have it available for all interested buyers. This form can be found on the Nebraska Real Estate Commission's website at: /sites/default/files/doc/Forms/SPCD.pdf
When you receive an offer to purchase your property, you have the option of accepting the offer as written, rejecting it, or making a counter offer, if you have questions about a contract you should seek advice from a real estate licensee or attorney.
Please review the section on Resources about the property and the community to access information concerning the property you are selling.
RESOURCES FOR THE BUYING PROCESS
In addition to reviewing the resources listed in the section entitled: RESOURCES TO REVIEW BEFORE YOU START THE BUYING/SELLING PROCESS, it is suggested that you review the following resources.
If you are considering utilizing the services of a real estate licensee you may check the status of his/her real estate license by accessing the Licensee and Applicant Information on the Nebraska Real Estate Commission's website. This site will also give you an indication of whether a disciplinary action has ever been taken against the individual's license. You may reach this information at: https://www.nebraska.gov/nrec/licinfodb/index.cgi.
If you contact a real estate licensee, or if a licensee contacts you, he/she should provide an informational brochure to you that describes the agency relationship he/she is offering/providing you, this material should be provided at the earliest opportunity during or following the licensee's first substantial contact with you. A copy of the generic agency brochure can be found at: /sites/default/files/doc/Legal/brokeragerelationshipinfo.pdf
A contractual agreement between the buyer and the real estate licensee is NOT required in Nebraska. However, real estate licensees may suggest that buyers enter into a buyer agency agreement which typically does two main things. This agreement usually sets up the duties and responsibilities of the relationship and the compensation between the buyer and a real estate broker who is represented by the affiliated real estate licensee who is working with you, the buyer. As previously advised, if you have questions about a contract you should seek legal advice.
If you have questions about the duties and responsibilities of a real estate licensee with whom you are working and/or about the actions of a licensee in a real estate transaction then you may email the Deputy Director for Enforcement at: realestate.commission@nebraska.gov
If you believe that a real estate licensee has violated the Real Estate License Act or the Rules and Regulations then you may submit complaint forms to the Commission which will trigger an investigation and possibly result in disciplinary action taken against the real estate licensee's real estate license. Information regarding the complaint process may be found at: /sites/default/files/doc/Complaint/Complainant.pdf
Whether utilizing a real estate licensee or buying your home yourself the law requires that all sellers of a residential property consisting of 1 to 4 units must provide a Seller Property Condition Disclosure Form to all potential buyers before they become obligated to buy the property. Therefore, buyers should expect this form to be filled out thoroughly and made available for all interested buyers. A blank copy of this form can be found on the Nebraska Real Estate Commission's website at: https:/nrec.nebraska.gov/pdf/forms/spcd.pdf.
When you make an offer to purchase a property, your offer may be accepted as written, rejected by the seller, or the seller may make a counter offer, if you have questions about a contract you should seek the advice from a real estate licensee or an attorney.
Please review the section on Resources about the property and the community to access information concerning the property you are buying.
The U.S. Department of Housing and Urban Development has a questions and answers section on available from their website about buying a new home which can be found at: https://portal.hud.gov/hudportal/HUD?src=/topics/buying_a_home
IN CLOSING:
Again, it is the Real Estate Commission's goal to protect the public interest in all real estate transactions. Please research your decisions carefully and always feel free to contact the Commission through this website or by calling our office at: (402)471-2004.
RADON
Nebraska has a high prevalence of radon in homes. Radon is a cancer-causing radioactive gas that occurs naturally in some buildings. The Nebraska Radon Program has good information available regarding radon. Find out the facts, you may access this information at: http://dhhs.ne.gov/Pages/Radon.aspx
Use a Licensed Radon Specialist---- Businesses providing either radon measurement or radon mitigation services to the public must be licensed by the State (see the Nebraska Radiation Control Act). Licensed businesses engaged in providing radon measurement and radon mitigation services to the public must demonstrate proficiency and adherence to accepted standard operating procedures.
A list of licensed businesses is maintained by the Nebraska Department of Health and Human Services System which certifies individuals as specialists to measure and/or mitigate radon in homes and licenses businesses to provide such services to the public.
This list of licensed radon measurement businesses are available at the Department's Radon website found at: http://dhhs.ne.gov/Radon%20Documents/FactSheet-RadonMitigation.pdf#search=radon%20removal
If you have any questions regarding radon measurement or radon mitigation don't hesitate to call the Nebraska Radon Program office at 1-800-334-9491. This telephone number is provided as a public service to all Nebraskans.
Prepared By Mark Versch,
Environmental Health Analyst, HHSS
LEAD-BASED PAINT
Information regarding lead-based paint can be obtained from the U.S. Department of Housing and Urban Development's website located at https://www.epa.gov/lead/real-estate-disclosures-about-potential-lead-hazards#agents
Also available is the HUD's Lead based Paint Disclosure located at https://www.epa.gov/lead/protect-your-family-lead-your-home-real-estate-disclosure#12
ASBESTOS
There are several kinds of asbestos fibers, all of which are fire resistant and not easily destroyed or degraded. The Environmental Protection Agency reports asbestos has been found to cause cancer of the lung and stomach according to studies of workers and others exposed to asbestos. It has been used in a wide variety of household products such as appliances, ceilings, wall and pipe coverings, floor tiles, roofing and siding materials. Real estate salespeople must reveal to the prospective buyer the known presence of asbestos on the property.
The Nebraska Department of Health and Human Services System has a page of useful links regarding asbestos on its website at: https://www.epa.gov/lead/protect-your-family-lead-your-home-real-estate-disclosure#12
OTHER ENVIRONMENTAL CONCERNS
While we have tried to give information on more general and known environmental concerns, here, this list is not all-inclusive. Other, more individual, matters to research may include underground storage tanks, mold, methamphetamine production, groundwater contamination, etc.
Again, it is the Real Estate Commission's goal to protect the public interest in all real estate transactions. Please research your decisions carefully and always feel free to contact the Commission through this website or by calling our office at: (402)471-2004.
Videos
Timeshare Resale Scam Information
Avoid the Scam - Responsible Exit From Your Timeshare
Timeshare Resale Information from ARDA
Information
What is a timeshare?
A timeshare is an arrangement where several joint owners buy in and have a right to use a property as a vacation home under a time-sharing agreement. Timeshares can be for a deeded fractional interest in real estate or membership in a vacation club.
Why do people want to sell (or exit) their timeshare?
Buyers often do not realize when purchasing a timeshare, that in addition to the cost of the timeshare, they are committing themselves to annual maintenance fees, oftentimes that exceed the cost of renting a hotel room for a week. If an owner refuses to pay the maintenance fees, they can face foreclosure of their timeshare interest and potentially an adverse impact on their credit.
Responsible exit options
Life circumstances sometimes require that you sell or exit your timeshare ownership, which can be confusing. Before you make any final decisions or pay a third party to help you navigate the process, be sure to educate yourself to avoid scams and costly mistakes.
Two national organizations, ARDA (American Resort Development Association) and ARELLO (Association of Real Estate License Law Officials), have joined forces to support and promote responsible timeshare exit practices. They have made the following resources available for anyone wanting to sell their timeshare or leave a timeshare agreement.
For information about timeshare resale options visit responsibleexit.com
Steps to take:
1. Gather relevant information – be sure to have all of the following at your fingertips to start the process:
a. Name, address and phone number of your timeshare resort.
b. The deed and/or contract or membership agreement which clearly identifies the timeshare you own.
c. The financing agreement (if you are still paying for the property). Remember you will have to pay this off before you can transfer your timeshare to a new owner.
d. Any title insurance information.
e. Any other information to clearly identify your membership.
f. The exchange company affiliated with your timeshare resort (i.e. Resorts Condominiums International (RCI) or Interval International (II))
g. The amount and due date of your maintenance fee and whether it has been paid for the current year.
h. If billed separately, the amount of real estate taxes owed on your timeshare, the due date and whether they have been paid for the current year.
i. The date your timeshare will next become available for use by a new owner or when a new owner can first make a reservation.
j. Is your timeshare a fixed week or floating week unit and/or does it require an advanced reservation?
k. Gather copies of the documents governing the resort owner’s association, if any, the resort’s rules and regulations, reservation rules and any other information that would be helpful to a new owner, such as area attractions.
l. Know whether or not your timeshare is legally classified as real estate (a deeded interest in a specific unit) or personal property (membership in a vacation club) as this will make a difference in how it is conveyed to a new owner.
m. Check with your owners’ association or resort manager to determine if there is any documentation they need from you and the prospective buyer in order to complete any sale.
2. Reach out to your timeshare resort company first. If they can help they will often be the safest, easiest and most cost-effective solution. If you do not get a response the first time, try again before moving on to another party. If you do not know who operates your timeshare resort, you can call the resource line at ARDA at (855) 939-1515 to obtain that information.
3. If you need to move on to a third-party, consider using one listed in the Advertising and Resale Providers Directory on ARDA’s website.
Don’t become a victim of a timeshare resale scam. Be careful and watch out for the following red flags:
• If you are asked to pay an upfront fee, or wire money for a “service”, “tax”, or any other “requirement” for a sale to be completed, do not do it – that is a scam. *This does not include nominal advertising fees that a legitimate reseller may ask an owner to pay up-front.
• If someone contacts you and says they have an “interested buyer” for your timeshare, that is the first red flag. Proceed with caution!
• If you receive an unsolicited call from someone claiming to be a representative of ARDA or ARDA-ROC, that is another red flag. ARDA and ARDA-ROC DO NOT contact owners unless an owner first reaches out for help.
• Be wary of companies who contact you with unsolicited promises of modifying, cancelling or transferring your timeshare for an upfront fee. These are almost always fraudulent.
• If an offer sounds too good to be true, it likely is. Scam companies will typically entice owners by saying their buyer is offering a purchase amount equal or close to your asking price. The scammer will take
demand money upfront without delivering a successful sale of your timeshare.
What should I do if I think I have been defrauded?
If you feel you have been defrauded or you are a victim of a scam, contact your state’s Consumer Protection Agency, State Attorney General, and/or your local law enforcement office. To find out the name and contact information of your state’s Attorney General, you can visit consumerresources.org/file-a-complaint.
For more resources, visit responsibleexit.com