Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
Neb. Rev. Stat. § 76-1706 Time-share intervals in units.
0.1K chars
A time-share program may be created in any unit unless expressly prohibited by the project instruments.
Neb. Rev. Stat. § 76-1707 Instruments for time-share estates; contents.
0.9K chars
Project instruments and time-share instruments creating time-share estates shall contain the following: (1) The name of the county in which the property is situated; (2) The legal description, street address, or other description sufficient to identify the property; (3) Identific…
Neb. Rev. Stat. § 76-1708 Time-share estate program; instruments; management and operation provisions; enumerated.
3.9K chars
The time-share instruments for a time-share estate program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of units, which shall include, but not be limited to, provisions for the follo…
Neb. Rev. Stat. § 76-1709 Time-share estate program; instruments; developer-control period.
0.9K chars
(1) The time-share instruments for a time-share estate program may provide for a period of time, known as the developer-control period, during which the developer or a managing agent selected by the developer shall manage the time-share program and the units in the time-share pro…
Neb. Rev. Stat. § 76-1710 Instruments for time-share use; contents.
0.6K chars
Project instruments and time-share instruments creating time-share uses shall contain the following: (1) Identification by name of the time-share project and street address where the time-share project is situated; (2) Identification of the time periods, type of units, and the un…
Neb. Rev. Stat. § 76-1711 Time-share use program; instruments; management and operation provisions; enumerated.
4.2K chars
The time-share instruments for a time-share use program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of units which shall include, but not be limited to, provisions for the following…
Neb. Rev. Stat. § 76-1712 Partition.
0.1K chars
No action for partition of a unit may be maintained except as permitted by the time-share instrument.
Neb. Rev. Stat. § 76-1713 Public-offering statement; general provisions; enumerated.
2.7K chars
A public-offering statement shall be provided to each purchaser of a time-share interval at the time of purchase and shall fully and accurately disclose: (1) The name of the developer and the principal address of the developer and the time-share intervals offered in the statement…
Neb. Rev. Stat. § 76-1714 Public-offering statement; exchange-of-occupancy rights; disclosure provisions.
2.9K chars
If the owners of time-share intervals are to be permitted or required to become members of or to participate in any program for the exchange-of-occupancy rights among themselves or with the owners of time-share intervals of other time-share projects, or both, the public-offering …
Neb. Rev. Stat. § 76-1715 Escrow of deposits; surety bond.
1.6K chars
(1) Any deposit made in connection with the purchase or reservation of a time-share interval from a developer shall be placed in escrow, in an account designated solely for that purpose, in an institution whose accounts are insured by a governmental agency or instrumentality, unt…
Neb. Rev. Stat. § 76-1716 Mutual right of cancellation.
1.4K chars
(1) Before transfer of a time-share interval and no later than the date of any sales contract, the developer shall provide the intended transferee with a copy of the public-offering statement and any amendments and supplements thereto. The contract shall be voidable by the purcha…
Neb. Rev. Stat. § 76-1717 Other filings not required; not treated as a security.
0.6K chars
(1) Any time-share program registered with the commission in which a public-offering statement has been prepared does not require registration under any other state statute. (2) Any time-share program that fails to restrict the price at which an owner may sell or exchange his or …
Neb. Rev. Stat. § 76-1718 Public-offering statement; not required; when.
0.7K chars
The developer shall not be required to prepare and distribute a public-offering statement if the developer has registered and there has been issued a public-offering statement or similar disclosure document which is provided to purchasers under the following: (1) The Securities a…
Neb. Rev. Stat. § 76-1719 Public-offering statement; cases in which not required.
0.9K chars
A public-offering statement need not be prepared or delivered in the case of: (1) Any transfer of a time-share interval by any time-share interval owner other than the developer or his or her agent; (2) Any disposition pursuant to court order; (3) A disposition by a government or…
Neb. Rev. Stat. § 76-1720 Public-offering statement; material change; amend or supplement.
0.3K chars
The developer shall amend or supplement the public-offering statement to report any material change in the information required by sections 76-1713 and 76-1714. As to any exchange program, the developer shall use the current written materials that are supplied to it for distribut…
Neb. Rev. Stat. § 76-1721 Liens.
1.3K chars
(1) Unless the purchaser expressly agrees to take subject to or assume a lien prior to transferring a time-share interval other than by deed in lieu of foreclosure, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interval, or…
Neb. Rev. Stat. § 76-1722 Effect of violation on rights of action; attorney's fees; violations; penalties; enforcement.
1.8K chars
(1) If a developer or any other person subject to the Nebraska Time-Share Act violates any provision thereof or any provision of the project instruments, any person or class of persons damaged or otherwise adversely affected by the violation shall have a claim for appropriate rel…
Neb. Rev. Stat. § 76-1723 Statutes of limitations.
0.8K chars
A judicial proceeding in which the accuracy of the public-offering statement or validity of any contract of purchase is in issue or in which a rescission of the contract or damages is sought shall be commenced within four years after the date of the contract of purchase, notwiths…
Neb. Rev. Stat. § 76-1724 Financial records.
0.3K chars
The person or entity responsible for making or collecting common expense assessments or maintenance assessments shall keep detailed financial records. All financial and other records shall be made reasonably available for examination by any time-share interval owner and his or he…
Neb. Rev. Stat. § 76-1725 Commission; powers.
0.9K chars
(1) The commission may adopt, amend, and repeal rules and regulations and issue orders consistent with, and in furtherance of the objectives of the Nebraska Time-Share Act. The commission may prescribe forms and procedures for submitting information to the commission. (2) The com…
Neb. Rev. Stat. § 76-1726 Commission; notice of suspension; conditions; cease and desist order; revocation order.
1.5K chars
(1) The commission, after notice and hearing, may issue a notice of suspension if any of the following conditions exist: (a) Any representation in any document or information filed with the commission is false or misleading; (b) Any developer or agent of the developer has engaged…
Neb. Rev. Stat. § 76-1727 Time-share interval; offer or sale; restrictions.
0.8K chars
A developer shall not offer or dispose of a time-share interval: (1) If the time-share program is not registered with the commission and not otherwise exempted under section 76-1738, except that a developer may accept a reservation together with a deposit if the deposit is placed…
Neb. Rev. Stat. § 76-1728 Acquisition agent; register information; bond.
0.7K chars
An acquisition agent, including the developer if it is also the acquisition agent, shall register with the commission the time-share program or programs that it is providing prospective purchasers for, its principal office address and telephone number, and designate who its respo…
Neb. Rev. Stat. § 76-1729 Sales agent; register information; bond.
0.6K chars
A sales agent, including the developer if it is also the sales agent, shall register with the commission the time-share program or programs that it is selling, its principal office address and telephone number, and designate who its responsible managing employee is and any specia…
Neb. Rev. Stat. § 76-1730 Managing agent; register information; bond.
0.5K chars
A managing agent, including the developer if it is also the managing agent, shall register with the commission the time-share program or programs that it is managing, its principal office address and telephone number, and designate who its responsible managing employee is. The ma…
Neb. Rev. Stat. § 76-1731 Bonds; consolidation.
0.4K chars
If the acquisition agent, sales agent, and management agent are under the control of, subsidiary of, or affiliate of the developer or any other person, the bonds required by sections 76-1728 to 76-1730 may be consolidated and reduced to ten thousand dollars if there is a disclosu…
Neb. Rev. Stat. § 76-1732 Exchange agent; file information.
0.6K chars
An exchange agent, including the developer who is also the exchange agent, shall file a statement with the commission containing a list of time-share programs for which it is offering exchange services, its principal office address and telephone number, a designation of its respo…
Neb. Rev. Stat. § 76-1733 Acquisition agent; sales agent; maintain records.
0.2K chars
The acquisition agent and sales agent shall each maintain their respective records of any independent contractors employed by them, their addresses, and commissions paid for the immediately preceding two calendar years.
Neb. Rev. Stat. § 76-1734 Application for registration; contents; fees; certificate of registration; report; investigation.
2.8K chars
(1) An application for registration shall contain the public-offering statement, a brief description of the property, copies of time-share instruments, a certified, audited financial statement fully and fairly disclosing the current financial condition of the developer, and any d…
Neb. Rev. Stat. § 76-1735 Commission; regulation of public-offering statement.
1.0K chars
(1) The commission at any time may require a developer to alter or supplement the form or substance of a public-offering statement to assure adequate and accurate disclosure to prospective purchasers. (2) The public-offering statement may not be used for any promotional purposes …
Neb. Rev. Stat. § 76-1736 Receipt of application; effectiveness of registration.
1.5K chars
(1) Except as provided in subsection (2) of this section, the effective date of the registration, or any amendment thereto, shall be the sixtieth day after the filing thereof or such earlier date as the commission may determine, having due regard to the public interest and the pr…
Neb. Rev. Stat. § 76-1737 Developer; amend or supplement registration.
0.1K chars
A developer shall amend or supplement its registration to report any material change in the information required by section 76-1734.
Neb. Rev. Stat. § 76-1737.01 Developer; time-share interval; duties; violation.
0.4K chars
Notwithstanding any obligations placed upon other persons pursuant to the Nebraska Time-Share Act, the developer shall supervise, manage, and control all aspects of the offering of a time-share interval, including, but not limited to, promotion, advertising, contracting, and clos…
Neb. Rev. Stat. § 76-1738 Registration; exemptions; exception.
1.5K chars
No registration with the commission shall be required in the case of: (1) Any transfer of a time-share interval by any time-share interval owner other than the developer or his or her agent; (2) Any disposition pursuant to court order; (3) A disposition by a government or governm…
Neb. Rev. Stat. § 76-1739 Financing of time-share programs; records; requirements.
0.4K chars
In the financing of a time-share program, the developer shall retain financial records of the schedule of payments required to be made and the payments made to any person or entity which is the holder of an underlying blanket mortgage, deed of trust, contract of sale, or other li…
Neb. Rev. Stat. § 76-1740 Rights under foreclosure.
0.9K chars
The developer whose project is subject to an underlying blanket lien or encumbrance shall protect nondefaulting purchasers from foreclosure by the lienholder by obtaining from the lienholder a nondisturbance clause, subordination agreement, or partial release of the lien as the t…
Neb. Rev. Stat. § 76-1741 Lienholder; rights.
0.9K chars
The lienholder in any time-share program shall have the following rights: (1) A lienholder shall have his or her lien rights preserved as against any purchaser of time-share intervals claiming that the time-share instrument is invalid, void, or voidable thirty days after written …
Repealed. Laws 1983, LB 626, § 79.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
0.0K chars
[Repealed or reserved.]