Nebraska State Register

AMEND TITLE 302 CHAPTER 1-SELLER PROPERTY CONDITION DISCLOSURE STATEMENT. This amendment was proposed by the Commission. There changes to the form add questions concerning smart home devices, electric vehicle chargers, renovations, sewer systems and owner occupancy. The order of items on the form changed to reflect areas of the property that were similar, and provided for additional comment sections. The Commission has statutory authority to promulgate this change under Neb. Rev. Stat. §81-885.07(5), and believes the proposed amendment is consistent with legislative intent.

Amendments to Title 301, Chapter 1. In 2023, in response to LB892, which required a real estate agent be used when marketing an equitable interest in real property (selling the contractual interest in a pending contract, rather than conveying title, commonly referred to as wholesaling) the agency regulations were amended to accommodate the nontraditional relationship between the owner (title holder), wholesaler (contract holder) and the buyer. Language in sections 005 and 006 of the regulations was adopted to make sure disclosures were made to the title owner and the buyer about the transaction. The obvious intent was that the agent must make an agency disclosure to the property owner of what they are doing even though they are working directly with the contract holder or wholesaler. Section 006 was obviously intended to apply to the wholesaling situation, which is referenced in section 005, not section 001. So this change it to correct an improper citation as provided in the Administrative Procedures Act