Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
Neb. Rev. Stat. § 76-2407 Client, defined.
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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.
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Commission shall mean the State Real Estate Commission.
Neb. Rev. Stat. § 76-2409 Customer, defined.
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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.
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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.
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Designated broker shall have the same meaning as in section 81-885.01.
Neb. Rev. Stat. § 76-2411 Dual agent, defined.
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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.
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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.
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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.
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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.
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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.
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(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.
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(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.
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(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.
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(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.
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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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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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.
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(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.
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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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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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…
Neb. Rev. Stat. § 76-248 Wills; recording; how, when, and where authorized.
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Any will of real estate, which shall have been duly proved in the county court of any county in this state, and any such will, the proof of which shall be contested in that court and carried up by appeal or otherwise and the validity of which shall be finally established, may, wi…
Neb. Rev. Stat. § 76-248.01 Certificate of dissolution of marriage.
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A certificate of dissolution of marriage executed by the clerk of the district court under section 42-372.02 may be recorded in the office of the register of deeds of the county or counties where the real estate is located. A certificate of dissolution of marriage shall not be us…
Neb. Rev. Stat. § 76-249 Judgment in partition; decree in equity; recording; effect.
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Any exemplification of any decree or judgment in partition on final decree in equity affecting real estate may in like manner be recorded in the office of the register of deeds in any county in which real estate described therein may be situated. Such record or exemplification th…
Neb. Rev. Stat. § 76-250 Wills; judgment in partition; decree in equity; certificate of dissolution of marriage; recording; how indexed.
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On recording any will, exemplification, decree, or certificate of dissolution of marriage, the register of deeds shall index the same in the indices of deeds, and as nearly as may be as deeds are indexed, placing the name of the devisor, petitioner, or plaintiff, with the grantor…
Neb. Rev. Stat. § 76-2501 Act, how cited.
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Sections 76-2501 to 76-2506 shall be known and may be cited as the Nebraska Plane Coordinate System Act.
Neb. Rev. Stat. § 76-2502 Nebraska Plane Coordinate System, defined.
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(1) For purposes of the Nebraska Plane Coordinate System Act, Nebraska Plane Coordinate System means the system of plane coordinates for designating the geographic position of points on, within, or above the surface of the earth, within the State of Nebraska, defined or located i…
Neb. Rev. Stat. § 76-2503 Plane coordinate values.
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The plane coordinate values for a point on the earth's surface used to express the geographic position or location of such point of the Nebraska Plane Coordinate System shall consist of two distances expressed in feet and decimals of a foot or meters and decimals of a meter when …
Neb. Rev. Stat. § 76-2504 Plane coordinates; recording; waiver.
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No coordinate or coordinates based on the Nebraska Plane Coordinate System purporting to define the position of a point on a land boundary shall be presented to be recorded in any public land record, plat, easement, exhibit, certified corner record, or deed record unless such coo…
Neb. Rev. Stat. § 76-2505 Use of term; restriction.
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(1) The use of the term "Nebraska Plane Coordinate System" on any map, report, survey, or other document shall be limited to coordinates based upon the Nebraska Plane Coordinate System. (2) The provisions of the Nebraska Plane Coordinate System Act shall not be construed to prohi…
Neb. Rev. Stat. § 76-2506 Tracts of land; how described.
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(1) Descriptions of tracts of land by reference to subdivisions, lines or corners of the United States Public Land Survey System or other original pertinent surveys, are recognized as the basic and prevailing method for describing tracts of land. Whenever coordinates of the Nebra…
Neb. Rev. Stat. § 76-251 Deed intended as mortgage; recording; effect.
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Every deed conveying real estate, which, by any other instrument in writing, shall appear to have been intended only as a security in the nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage. The person for whose benefit such deed …
Neb. Rev. Stat. § 76-252 Release of mortgage; mortgagee's obligation and liability.
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Section 76-2803 shall govern the mortgagee's obligation to record or cause to be recorded a release of mortgage and the liability of the mortgagee for failure to timely record or cause to be recorded a release of mortgage.
Neb. Rev. Stat. § 76-253 Mortgage; record; certificate of discharge or satisfaction.
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Any mortgage shall be discharged upon the record thereof by the register of deeds in whose custody it shall be, whenever there shall be presented to him a certificate executed by the mortgagee, his legal personal representative or assignee, acknowledged or proved or certified as …
Neb. Rev. Stat. § 76-254 Mortgage; record; certificate of discharge or satisfaction; how indexed.
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Every such certificate and the proof or the acknowledgment thereof shall be indexed in the order of mortgages and recorded at full length. In the record of discharge the register of deeds shall make a reference to the book and page or computer system reference where the mortgage …
Repealed. Laws 1994, LB 1275, § 13.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-256 Mortgage; assignment; recording not notice to mortgagor.
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The recording of an assignment of a mortgage shall not, in itself, be deemed notice of such assignment to the mortgagor, his heirs or personal representatives, so as to invalidate any payment made by them, or either of them, to the mortgagee.
Neb. Rev. Stat. § 76-257 Deeds and other instruments; recording; duty of register of deeds to reference on instrument.
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The register of deeds shall mark upon the deed or instrument, after recording the same, the book and page or computer system reference where the same is recorded.
Neb. Rev. Stat. § 76-258 Deeds and other instruments; formal defects; recorded for more than ten years; validated.
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When any instrument of writing, in any manner affecting or purporting to affect the title to real estate, has been, or may hereafter be recorded for a period of ten years in the office of the register of deeds of the county wherein such real estate is situated, and such instrumen…