NEBRASKA REAL ESTATE COMMISSION
INSTRUCTIONS FOR INCLUDING OPTIONAL INFORMATION
IN THE COMMISSION-PREPARED AND APPROVED DISCLOSURE FORMS
In the development of the disclosure forms required under Nebraska Agency Relationships statutes, the Commission left space so that additional information may be provided on the back of the form. This space has been provided so that designated brokers may use it to include information and disclosures the statute also requires. Examples have been set out in A and B below.
When inserting this information, designated brokers are required to use a different type of print, such as italics, boldface, capital, etc., in order for their information to be distinguishable from that part of the brochures which were prepared and approved by the Commission.
A. To indicate types of brokerage relationships offered:
Language similar to the following could be inserted after the appropriate brokerage relationship description:
(Name under which broker is doing business and type of brokerage service) offers this type of brokerage relationship.
OR
(Name under which broker is doing business and type of brokerage service) does not offer this type of brokerage relationship.
B. A licensee working as an agent or subagent of a client with a customer who is not represented by a licensee must provide a written disclosure to the customer of the tasks the client's agent or subagent may perform with the unrepresented customer. These tasks could also be disclosed by listing them on the back of the form with appropriate identification as services performed for an unrepresented customer.
1. Examples of tasks a seller's or landlord's agent or subagent may perform with an unrepresented buyer or tenant may include, but not be limited to, the following:
a) Tasks for unrepresented buyer by seller's agent:
1. Explain the home buying process. Assess your wants and needs in a property.
2. Conduct previews and showings of multiple properties.
3. Assist in determining financial ability to purchase.
4. Assist in selection of properties best fitting your needs.
5. Provide information on available financing.
6. Provide estimate of total investment and monthly investment required, based on the offer.
7. Provide estimate of closing costs at the time of completing the offer to purchase.
8. Review and explain clauses in the sales contract.
9. Provide background information you wish given to the seller regarding the terms of the offer.
10. Present offers to the seller and counter-offers from the seller.
11. Provide follow-up services, including arranging inspections, appraisal, and delivering documents and copies.
12. Keep in contact with lenders, inspectors, and sellers while awaiting closing and report progress.
b) Tasks for unrepresented tenant by landlord's agent:
1. Explain the leasing process. Assess your wants and needs in a leased space.
2. If requested, conduct previews and showings of locations available in the market place.
3. Assist in determining financial ability to lease.
4. If requested, provide market data for comparable leased space that substantiates the landlord/owner=s terms.
5. Provide background information or details you wish given to the landlord/owner regarding the terms of your proposal.
6. Present proposals or letter of intent to the landlord/owner and convey landlord/owner's acceptance or counter-offer back to you.
7. Prepare letter of intent or review proposed lease and explain lease provisions.
8. Coordinate signing of lease and delivering copies to all parties.
2. Examples of tasks a buyer's or tenant's agent or subagent may perform with an unrepresented seller or landlord may include, but not be limited to, the following:
a) Tasks for unrepresented seller by buyer's agent:
1. Explain the home selling process.
2. Provide background information, except that required to be confidential, relating to the buyer's ability to perform under the proposed terms of an offer.
3. Review and explain clauses in the offer.
4. Provide estimate of closing costs based on the proposed terms of an offer.
5. Provide market data that justifies the buyer's offer.
6. Present seller=s counter-offers to the buyer.
7. Provide follow-up services, including coordinating inspections, appraisals, surveys, etc.
8. Assist with utilities changes.
9. Assist with preparation and filing of documents.
10. Provide referral services, if relocating.
b) Tasks for unrepresented landlord by tenant's agent:
1. Explain the leasing process.
2. Provide background information, except that required to be confidential, regarding the tenant's ability to perform under the proposed terms.
3. Review and explain clauses in the proposal.
4. Provide market data that justifies the tenant's proposal.
5. Present landlord/owner=s counter proposals to tenant.
6. Coordinate lease preparation, signing, and delivering copies to all parties.
