™Your Policy Risk Impact Agent
953 sections in this chapter.
Neb. Rev. Stat. § 76-236 Acknowledgment or certificate of genuineness; duty to record; failure; effect.
0.4K chars
The certificate of the proof or acknowledgment of every deed, and the certificate of the genuineness of the signature of any officer, in the cases where such last-mentioned certificate is required, shall be recorded together with the deed so proved or acknowledged; and unless the…
Neb. Rev. Stat. § 76-237 Deeds; how recorded; when considered recorded.
0.2K chars
Every deed, entitled by law to be recorded, shall be recorded in the order and as of the time when the same shall be delivered to the register of deeds for that purpose, and shall be considered recorded from the time of such delivery.
Neb. Rev. Stat. § 76-238 Deeds and other instruments; recording; when effective as notice; possession of real estate; not effective as notice; when.
2.7K chars
(1) Except as otherwise provided in sections 76-3413 to 76-3415, all deeds, mortgages, and other instruments of writing which are required to be or which under the laws of this state may be recorded, shall take effect and be in force from and after the time of delivering such ins…
Neb. Rev. Stat. § 76-238.01 Mortgages; interest in real estate included; debts that may be secured; future advances; optimal future advance; notice; filing; limitation.
3.3K chars
(1) Any interest in real property capable of being transferred may be mortgaged to secure (a) existing debts or obligations, (b) debts or obligations created simultaneously with the execution of the mortgage, (c) future advances necessary to protect the security, even though such…
Neb. Rev. Stat. § 76-239 Deed of trust, mortgage, or real estate sale contract; record; effect as notice; when expires; extension; exceptions.
4.1K chars
(1) After the expiration of ten years from the date of maturity of any debt or other obligation secured by a deed of trust, mortgage, or real estate sale contract as stated in or ascertainable from the record of such deed of trust, mortgage, or contract and, in cases where the da…
Neb. Rev. Stat. § 76-239.01 Construction finance; proceeds to apply payment of lawful claims for labor and material furnished; duty of contractor.
0.9K chars
Any person, firm or corporation lending money for the purpose of financing the construction of improvements on real property, to be secured by a mortgage filed of record, is hereby required, before the disbursement of any proceeds under such loan, to notify the borrower in writin…
Neb. Rev. Stat. § 76-239.02 Contractor receiving loan disbursement; agent of borrower; exception.
0.7K chars
Any such contractor receiving such loan disbursements and any funds of the borrower in addition to such loan disbursements shall be deemed to have consented to comply with the requirements of section 76-239.01 as to the application of such proceeds, and shall be deemed to be the …
Neb. Rev. Stat. § 76-239.03 Sections shall not affect validity of mortgage rights of lender.
0.2K chars
Nothing in sections 76-239.01 to 76-239.06 shall in any way affect the validity of the mortgage rights of the lender as provided for in section 76-238.01, or the lien rights of such lender.
Neb. Rev. Stat. § 76-239.04 Acceptance of proceeds without paying lawful claims or obtaining lien waiver; prima facie evidence of intent to deprive or defraud.
0.7K chars
In any prosecution under sections 76-239.01 to 76-239.06 of the person, firm or corporation so receiving such proceeds, when it shall be shown in evidence that the contractor had knowledge of lawful claims for labor and material existing at the time of receipt of loan proceeds an…
Neb. Rev. Stat. § 76-239.05 Violations; penalty.
0.4K chars
Any person, firm or corporation, the members of any firm, or the officers of any corporation, violating the provisions of sections 76-239.01 to 76-239.06 shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than one hundred dollar…
Neb. Rev. Stat. § 76-239.06 Contractor, defined.
0.2K chars
For the purposes of sections 76-239.01 to 76-239.06, the word contractor shall include any firm, person or corporation who acts in the capacity of a prime contractor, subcontractor or supplier for the construction of improvements on real property.
Neb. Rev. Stat. § 76-2401 Legislative findings.
0.7K chars
The Legislature finds, determines, and declares that (1) the application of the common law of agency to the relationships between real estate brokers or salespersons and persons who are sellers, landlords, buyers, or tenants of rights and interests in real property has resulted i…
Neb. Rev. Stat. § 76-2402 Definitions, where found.
0.1K chars
For purposes of sections 76-2401 to 76-2430, the definitions found in sections 76-2403 to 76-2415 shall be used.
Neb. Rev. Stat. § 76-2403 Adverse material fact, defined.
0.4K chars
Adverse material fact shall mean a fact which (1) significantly affects the desirability or value of the property to a party and is not reasonably ascertainable or known to a party or (2) establishes a reasonable belief that another party will not be able to, or does not intend t…
Neb. Rev. Stat. § 76-2404 Affiliated licensee, defined.
0.2K chars
Affiliated licensee shall mean an associate broker as defined in section 81-885.01 or a salesperson as defined in such section who is under the supervision of a designated broker.
Neb. Rev. Stat. § 76-2404.01 Asset management company, defined.
0.5K chars
Asset management company means a business firm or association that, pursuant to a contractual agreement, common-law agency agreement, power of attorney, or other legal authorization, sells, conveys, or otherwise offers an interest in real property that belongs to a (1) bank, savi…
Neb. Rev. Stat. § 76-2405 Brokerage relationship, defined.
0.4K chars
Brokerage relationship shall mean the relationship created between a designated broker and a client pursuant to sections 76-2401 to 76-2430 relating to the performance of services of a broker as defined in section 81-885.01 and shall also mean the relationship created between the…
Neb. Rev. Stat. § 76-2406 Confidential information, defined.
0.3K chars
Confidential information shall mean information made confidential by statute, rule, regulation, or written instructions from the client unless the information is made public or becomes public by the words or conduct of the client to whom the information pertains or from a source …
Neb. Rev. Stat. § 76-2407 Client, defined.
0.3K chars
Client shall mean a seller, landlord, buyer, or tenant who has entered into a brokerage relationship with a licensee pursuant to sections 76-2401 to 76-2430 and is the seller, landlord, buyer, or tenant to whom the licensee owes the duty as set forth in such sections.
Neb. Rev. Stat. § 76-2408 Commission, defined.
0.1K chars
Commission shall mean the State Real Estate Commission.
Neb. Rev. Stat. § 76-2409 Customer, defined.
0.2K chars
Customer shall mean a seller, landlord, buyer, or tenant in a real estate transaction in which a licensee is involved but who has not entered into a brokerage relationship with a licensee.
Neb. Rev. Stat. § 76-241 Deeds and other instruments; when not lawfully recorded.
0.2K chars
All deeds, mortgages and other instruments of writing shall not be deemed lawfully recorded unless they have been previously acknowledged or proved in the manner prescribed by statute.
Neb. Rev. Stat. § 76-2410 Designated broker, defined.
0.1K chars
Designated broker shall have the same meaning as in section 81-885.01.
Neb. Rev. Stat. § 76-2411 Dual agent, defined.
0.3K chars
Dual agent shall mean a limited agent who, with the written informed consent of all parties to a contemplated real estate transaction, has entered into a brokerage relationship with and therefor represents both the seller and buyer or both the landlord and tenant.
Neb. Rev. Stat. § 76-2412 Licensee, defined.
0.1K chars
Licensee shall mean a designated broker, an associate broker, and a salesperson all as defined in section 81-885.01.
Neb. Rev. Stat. § 76-2413 Limited agent, defined.
0.1K chars
Limited agent shall mean a licensee whose duties and obligations to a client are those set forth in sections 76-2417 to 76-2419.
Neb. Rev. Stat. § 76-2414 Single agent, defined.
0.6K chars
Single agent shall mean a limited agent who has entered into a brokerage relationship with and therefor represents only one party in a real estate transaction. A single agent may be one of the following: (1) Buyer's agent, which shall mean a licensee who represents the buyer in a…
Neb. Rev. Stat. § 76-2415 Subagent, defined.
0.3K chars
Subagent shall mean a designated broker, together with his or her affiliated licensees, engaged by another designated broker to act as a limited agent for a client. A subagent owes the same obligations and responsibilities to the client pursuant to section 76-2417 or 76-2418 as d…
Neb. Rev. Stat. § 76-2416 Licensee; act as agent, when; agency relationships authorized; compensation, when.
2.0K chars
(1) When engaged in any of the activities enumerated in subdivision (2) of section 81-885.01, a licensee may act as a limited agent in any transaction as a single agent, subagent, or dual agent. The licensee's general duties and obligations arising from the limited agency relatio…
Neb. Rev. Stat. § 76-2417 Seller's agent or landlord's agent; powers and duties; confidentiality; immunity; disclosures required.
3.7K chars
(1) A licensee representing a seller or landlord as a seller's agent or a landlord's agent shall be a limited agent with the following duties and obligations: (a) To perform the terms of the written agreement made with the client; (b) To exercise reasonable skill and care for the…
Neb. Rev. Stat. § 76-2418 Buyer's agent or tenant's agent; powers and duties; confidentiality; immunity; disclosures required.
3.6K chars
(1) A licensee representing a buyer or tenant as a buyer's or tenant's agent shall be a limited agent with the following duties and obligations: (a) To perform the terms of any written agreement made with the client; (b) To exercise reasonable skill and care for the client; (c) T…
Neb. Rev. Stat. § 76-2419 Dual agent; powers and duties; confidentiality; immunity; imputation of knowledge or information.
2.0K chars
(1) A licensee may act as a dual agent only with the informed consent of all parties to the transaction. The informed consent shall be evidenced by a written agreement pursuant to section 76-2422. (2) A dual agent shall be a limited agent for both the seller and buyer or the land…
Neb. Rev. Stat. § 76-242 Acknowledgment in another state; recording; what constitutes sufficient authentication.
1.0K chars
In all cases provided for in section 76-219, if such acknowledgment or proof is taken before a notary public or other officer using an official seal, except a commissioner appointed by the Governor of this state, the instrument thus acknowledged or proved shall be entitled to be …
Neb. Rev. Stat. § 76-2420 Designated broker; written policy; relationships.
0.4K chars
(1) Every designated broker shall adopt a written policy which identifies and describes the relationships in which the designated broker and affiliated licensees may engage with any seller, landlord, buyer, or tenant as part of any real estate brokerage activities. (2) A designat…
Neb. Rev. Stat. § 76-2421 Licensee offering brokerage services; duties.
3.5K chars
(1) At the earliest practicable opportunity during or following the first substantial contact with a seller, landlord, buyer, or tenant who has not entered into a written agreement for brokerage services with a designated broker, the licensee who is offering brokerage services to…
Neb. Rev. Stat. § 76-2422 Written agreements for brokerage services; when required.
4.7K chars
(1) All written agreements for brokerage services on behalf of a seller, landlord, buyer, or tenant shall be entered into by the designated broker on behalf of that broker and affiliated licensees, except that the designated broker may authorize affiliated licensees in writing to…
Neb. Rev. Stat. § 76-2422.01 Licensee; asset management company client; exempt from certain requirements.
0.5K chars
(1) A licensee shall be exempt from the requirements of subdivision (1)(c)(ii) of section 76-2417 and subdivision (1)(c)(ii) of section 76-2418 if the client to whom the written offer is required to be presented by such licensee is an asset management company. (2) A licensee shal…
Neb. Rev. Stat. § 76-2423 Representation; commencement and termination; when.
1.2K chars
(1)(a) The relationships set forth in sections 76-2401 to 76-2430 shall commence at the time that the licensee begins representing a client and continue until performance or completion of the representation. (b) If the representation is not performed or completed for any reason, …
Neb. Rev. Stat. § 76-2424 Compensation; payment.
1.0K chars
(1) In any real estate transaction, the designated broker's compensation may be paid by the seller, the landlord, the buyer, the tenant, or a third party or by sharing the compensation between designated brokers. (2) Payment of compensation by itself shall not establish an agency…
Neb. Rev. Stat. § 76-2425 Violation; unfair trade practice; commission; powers.
0.3K chars
Violation of any provision of sections 76-2401 to 76-2430 by a licensee shall constitute an unfair trade practice pursuant to section 81-885.24 for which the commission may investigate and take administrative action against the licensee pursuant to the Nebraska Real Estate Licens…
Neb. Rev. Stat. § 76-2426 Misrepresentation; liability.
0.8K chars
(1) A client shall not be liable for a misrepresentation of his or her limited agent arising out of the limited-agency agreement unless the client knew or should have known of the misrepresentation. (2) A licensee who is serving as a limited agent or subagent of a client shall no…
Neb. Rev. Stat. § 76-2427 Designated broker; appointment of limited agent; effect.
0.8K chars
A designated broker entering into a limited agency agreement with a client for the listing of property or for the purpose of representing that person in the buying, selling, exchanging, renting, or leasing of real estate may appoint in writing those affiliated licensees who will …
Neb. Rev. Stat. § 76-2428 Affiliated licensees; powers and duties; immunity.
0.4K chars
(1) All affiliated licensees to the extent allowed by their licenses shall have the same duties and responsibilities to the client and customer pursuant to sections 76-2417 to 76-2419 as the designated broker except as provided in section 76-2427. (2) All affiliated licensees hav…
Neb. Rev. Stat. § 76-2429 Sections; supersede common law; extent; construction.
0.3K chars
Sections 76-2401 to 76-2430 shall supersede the duties and responsibilities of the parties under the common law, including fiduciary responsibilities of an agent to a principal, except as provided in subsection (6) of section 76-2422. Sections 76-2401 to 76-2430 shall be construe…
Neb. Rev. Stat. § 76-243 Deed; record; absence of seal of person taking acknowledgment; when not objectionable.
0.5K chars
It shall be no objection to the record of a deed that no official seal is appended to the recorded acknowledgment or proof thereof if, when the acknowledgment or proof purports to have been taken by an officer having an official seal, there is a statement in the certificate of ac…
Neb. Rev. Stat. § 76-2430 Commission; rules and regulations.
0.1K chars
The commission shall adopt and promulgate rules and regulations to carry out sections 76-2401 to 76-2430.
Neb. Rev. Stat. § 76-244 Lost deed or instrument; how proved.
0.3K chars
The copy of any record, or of any recorded deed or instrument, attested and authenticated in such manner as would by law entitle it to be read in evidence, may, on proof of the loss of the original and of the record, be again recorded, and such record shall have the same effect a…
Neb. Rev. Stat. § 76-245 Deeds and other instruments; where recorded.
0.2K chars
Deeds and other instruments relating to or affecting the title of real estate in this state shall be recorded in the county in which such real estate, or any part thereof, is situated.
Neb. Rev. Stat. § 76-246 Conveyances; power of attorney; how revoked.
0.5K chars
No instrument containing a power to convey, or in any manner to affect real estate, executed, acknowledged or proved, and certified and recorded in conformity with the requirements of sections 76-211 to 76-245 and 76-2,126, can be revoked by any act of the party or parties theret…
Neb. Rev. Stat. § 76-247 Conveyances; power of attorney; copies, penalty.
0.9K chars
A duly authenticated copy of the record of any power recorded in this state shall be entitled to record and shall operate to all intents and purposes, having the same force and effect, as the record of the original instrument. Such copy shall be duly authenticated only when there…