Chapter 81 — STATE ADMINISTRATIVE DEPARTMENTS
2,602 sections in this chapter.
Repealed. Laws 1973, LB 68, § 49.
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[Repealed or reserved.]
Repealed. Laws 1959, c. 439, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 81-885 Act, how cited.
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Sections 81-885 to 81-885.56 shall be known and may be cited as the Nebraska Real Estate License Act.
Neb. Rev. Stat. § 81-885.01 Terms, defined.
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For purposes of the Nebraska Real Estate License Act, unless the context otherwise requires: (1) Associate broker means a person who has a broker's license and who is employed by another broker to participate in any activity described in subdivision (2) of this section; (2) Broke…
Neb. Rev. Stat. § 81-885.02 Broker, associate broker, real estate salesperson; license required; exemption; activities included.
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(1) After September 2, 1973, it shall be unlawful for any person, directly or indirectly, to engage in or conduct, or to advertise or hold himself or herself out as engaging in or conducting the business, or acting in the capacity, of a real estate broker, associate broker, or re…
Neb. Rev. Stat. § 81-885.03 Broker, associate broker, salesperson, defined; license required; cease and desist order; violation; fine; procedure.
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(1) Any person who, directly or indirectly for another, with the intention or upon the promise of receiving any form of compensation or consideration, offers, attempts, or agrees to perform or performs any single act described in subdivision (2) of section 81-885.01, whether as a…
Neb. Rev. Stat. § 81-885.04 Act; exceptions; restrictions on unlicensed persons.
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Except as to the requirements with respect to the subdivision of land, the Nebraska Real Estate License Act shall not apply to: (1) Any person, partnership, limited liability company, or corporation who as owner or lessor shall perform any of the acts described in subdivision (2)…
Neb. Rev. Stat. § 81-885.05 Railroads; public utilities; applicability of act.
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The Nebraska Real Estate License Act shall not apply to railroads and other public utilities regulated by the State of Nebraska, or their subsidiaries or affiliated corporations, or to the officers or regular employees thereof, unless performance of any of the acts described in s…
Neb. Rev. Stat. § 81-885.06 Action for recovery of compensation; prohibited, except to licensed brokers, associate brokers, or salespersons.
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No action or suit shall be instituted, nor recovery be had, in any court of this state by any person for compensation for any act done or service rendered, the doing or rendering of which is prohibited under the Nebraska Real Estate License Act to other than licensed brokers, lic…
Neb. Rev. Stat. § 81-885.07 State Real Estate Commission; created; members; appointment; qualifications; compensation; expenses; director; rules and regulations; conduct real estate institutes and seminars; fees.
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(1)(a) There is hereby created the State Real Estate Commission which shall consist of the Secretary of State, who shall be chairperson of the commission, and six members appointed by the Governor. (b) Three of the members of the commission appointed by the Governor shall be acti…
Neb. Rev. Stat. § 81-885.08 Seal; adopt; use.
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The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words State Real Estate Commission, State of Nebraska and such other device as the commission may desire included thereon, by which the acts of the commission shall be authenticated. Co…
Neb. Rev. Stat. § 81-885.09 Attorney General; opinions on questions of law; act as attorney; fees and expenses; paid from State Real Estate Commission's Fund.
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The Attorney General shall render to the State Real Estate Commission opinions on all questions of law relating to the interpretation of the Nebraska Real Estate License Act or arising in the administration thereof and shall act as attorney for the commission in all actions and p…
Neb. Rev. Stat. § 81-885.10 Commission; powers; licensing; sanctions; consent decrees; civil fine.
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(1) The commission shall have the full power to regulate the issuance of licenses and the activities of licensees and may impose sanctions pursuant to this section for the protection of the public health, safety, or welfare. The commission may revoke or suspend licenses issued un…
Neb. Rev. Stat. § 81-885.11 Broker or salesperson; application for license; contents; expiration.
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(1) Any person desiring to act as a real estate broker or real estate salesperson shall file an application for a license with the commission. The application shall be in such form and detail as the commission prescribes, setting forth the following: (a) The name and address of t…
Neb. Rev. Stat. § 81-885.12 License; when granted.
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(1) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of broker or salesperson in such manner as to safeguard the interest of the public and only after satisfactory proof of such q…
Neb. Rev. Stat. § 81-885.13 License; conditions for issuance; enumerated; examination; fingerprinting; criminal history record information check; courses of study; duty of licensee.
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(1)(a) No broker's or salesperson's license shall be issued to any person who has not attained the age of nineteen years. (b) No broker's or salesperson's license shall be issued to any person who is not a graduate of a public or private high school or the holder of a certificate…
Neb. Rev. Stat. § 81-885.14 Fees; license; renewal; procedure.
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(1) To pay the expense of the maintenance and operation of the office of the commission and the enforcement of the Nebraska Real Estate License Act, the commission shall, at the time an application is submitted, collect from an applicant for each broker's or salesperson's examina…
Neb. Rev. Stat. § 81-885.15 Fees; deposited in State Real Estate Commission's Fund; investment.
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All fees collected under the Nebraska Real Estate License Act shall be deposited in the state treasury in a fund to be known as the State Real Estate Commission's Fund. The commission may use such part of the money in this fund as is necessary to be used by it in the administrati…
Neb. Rev. Stat. § 81-885.16 Real Property Appraiser Act; applicability; broker's price opinion or comparative market analysis; requirements.
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(1) The Real Property Appraiser Act shall not apply to a person licensed under the Nebraska Real Estate License Act who, in the ordinary course of his or her business, gives a broker's price opinion or comparative market analysis, except that such opinion or analysis shall not be…
Neb. Rev. Stat. § 81-885.17 Nonresident broker's license; nonresident salesperson's license; issuance; requirements; fingerprinting; criminal history record information check; reciprocal agreements.
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(1)(a) A nonresident of this state who is actively engaged in the real estate business, who maintains a place of business in his or her resident regulatory jurisdiction, and who has been duly licensed in that regulatory jurisdiction to conduct such business in that regulatory jur…
Neb. Rev. Stat. § 81-885.18 Application; refusal; hearing; decision.
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(1) If the director of the commission, after an application in proper form has been filed with the commission, accompanied by the proper fee, refuses to accept the application, the director shall give notice of the fact to the applicant within twenty days after his or her ruling,…
Neb. Rev. Stat. § 81-885.19 License; form; broker's branch office; license; fee.
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(1) The commission shall prescribe the forms of brokers' and salespersons' licenses. (2) If a broker maintains more than one place of business within the state, he or she shall obtain a branch office license for each branch office so maintained by him or her. The commission shall…
Neb. Rev. Stat. § 81-885.20 Broker, salesperson; change in place of business or status; notify commission; fee.
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(1) Should the broker change his or her place of business, he or she shall forthwith notify the commission in writing of such change. (2) When a salesperson or associate broker leaves the employ of a broker, the employing broker shall immediately forward the license of such emplo…
Neb. Rev. Stat. § 81-885.21 Broker; separate trust account; notify commission where maintained; examination by representative of commission; exemption.
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(1) Except as provided in subsection (7) of this section, each broker other than an inactive broker shall maintain in a bank, savings bank, building and loan association, or savings and loan association a separate, insured checking account in this state in his or her name or the …
Neb. Rev. Stat. § 81-885.22 Broker, failure to comply with separate bank accounts and trust account provisions; report to Attorney General; action by Attorney General; receiver.
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Whenever it shall appear to the commission from any examination or report provided by the laws of this state that a broker has failed to comply with the provisions of section 81-885.21, or if any broker shall refuse to submit his or her books, papers, and affairs to the inspectio…
Neb. Rev. Stat. § 81-885.23 Attorney General; special counsel; appoint; fees allowed; taxed as costs.
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The Attorney General may appoint special counsel to prosecute the action as provided for in section 81-885.22, and all fees allowed to the receiver and to counsel so appointed shall be taxed as costs in such action as the court may direct.
Neb. Rev. Stat. § 81-885.24 Commission; investigative powers; disciplinary powers; civil fine; violations of unfair trade practices.
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The commission may, upon its own motion, and shall, upon the sworn complaint in writing of any person, investigate the actions of any broker, associate broker, salesperson, or subdivider, may censure the licensee or certificate holder, revoke or suspend any license or certificate…
Neb. Rev. Stat. § 81-885.25 Censure, revoke, or suspend license; impose civil fine; cease and desist order; hearing; notice; contents.
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(1) Before the commission censures a licensee, imposes a civil fine, revokes or suspends a license, or issues a cease and desist order, the commission shall send to the licensee or violator a copy of the complaint by registered mail, certified mail, first-class mail using intelli…
Neb. Rev. Stat. § 81-885.26 Answer to complaint; when.
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Within twenty days from the time of service of the complaint and notice the licensee may file his or her sworn answer thereto which shall contain all defenses which he or she intends to assert. No motions or other pleadings shall be authorized.
Neb. Rev. Stat. § 81-885.27 Hearing; witnesses; subpoenas; depositions.
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In the preparation and conducting of the hearing, the director shall have power to issue and sign subpoenas to require the attendance and testimony of any witness and the production of any papers, books, or documents. The chairperson or any member of the commission may administer…
Neb. Rev. Stat. § 81-885.28 Refusal of witness to attend or testify; proceedings in district court.
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(1) If any witness so subpoenaed shall refuse to attend the taking of a deposition or the hearing, or if attending shall refuse to testify, the commission may apply to the district court of the county in which the deposition is to be taken or in which the hearing is to be held fo…
Neb. Rev. Stat. § 81-885.29 Findings and determination by commission; license revoked or suspended; when; censure; civil fine; stay of execution; probation.
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After the hearing the commission shall state in writing, officially signed by the chairperson and attested to by the director, its findings and determination and its order in the matter. If the commission determines that the licensee has been guilty of any violation of the Nebras…
Neb. Rev. Stat. § 81-885.30 Appeal; procedure.
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An order of the commission which has become final may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 81-885.31 Civil fines; distribution; collection procedure.
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(1) All civil fines collected pursuant to the Nebraska Real Estate License Act shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. (2) Any civil fine imposed pursuant to the act which remains unpaid…
Repealed. Laws 1978, LB 361, § 14.
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[Repealed or reserved.]
Neb. Rev. Stat. § 81-885.33 Subdivision real estate; sale or offer to sell; requirements.
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It shall be unlawful for any person, partnership, limited liability company, or corporation to sell or offer for sale any real estate in a subdivision except by a broker and his or her employees duly licensed in this state.
Neb. Rev. Stat. § 81-885.34 Subdivision real estate; sale; subdivision certificate; application; contents; fee.
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Prior to the time when such subdivision real estate is offered for sale, such person, partnership, limited liability company, or corporation shall make application for a subdivision certificate to the commission in writing on a form to be prescribed by the commission and approved…
Neb. Rev. Stat. § 81-885.35 Subdivision real estate; investigation; expenses; certificate; conditions.
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(1) The commission shall thoroughly investigate all matters relating to the application and may require a personal inspection of the real estate by a person or persons designated by it. All expenses incurred by the commission in investigating such real estate and the proposed sal…
Neb. Rev. Stat. § 81-885.36 Subdivision real estate; application for certificate; approval; fee; renewal.
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If the application is approved, the commission shall issue a certificate of registration to the applicant. After issuance of a certificate, an annual fee of fifty dollars plus ten dollars for each one hundred lots or fraction thereof computed on the number of lots in the original…
Neb. Rev. Stat. § 81-885.37 Subdivision real estate; instrument conveying an interest; recordable form; recording.
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Any instrument conveying an interest in the subdivided real estate shall be in recordable form and the subdivider or buyer may record such instrument in the county where the real estate is located and in the office where deeds are recorded.
Neb. Rev. Stat. § 81-885.38 Subdivision real estate; representations that commission has inspected and approved; unlawful.
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No broker or salesperson shall in any manner refer to the commission or any member or employee thereof in selling, offering for sale, or advertising or otherwise promoting the sale, mortgage, or lease of any such real estate, nor make any representation whatsoever that such real …
Neb. Rev. Stat. § 81-885.39 Subdivision real estate; cease and desist orders.
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The director, with the consent of the commission, shall have the power to issue a cease and desist order upon determination that sections 81-885.33 to 81-885.38 have been or are about to be violated.
Neb. Rev. Stat. § 81-885.40 Subdivision real estate; failure to comply with sections; contract void; repayment of money with interest.
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Failure on the part of any person, partnership, limited liability company, or corporation to comply with sections 81-885.33 to 81-885.39 shall render any contract (1) entered into in this state or (2) arising out of contacts between the purchaser and subdivider within this state …
Neb. Rev. Stat. § 81-885.41 Subdivision real estate; industrial or commercial properties.
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Sections 81-885.33 to 81-885.40 shall not apply to the sale or lease of lots in a subdivision for industrial or commercial properties.
Neb. Rev. Stat. § 81-885.42 Subdivision real estate; sales of twenty-five or more lots.
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Sections 81-885.33 to 81-885.40 shall not apply to sale or lease of real estate not pursuant to a common promotional plan to offer or sell twenty-five or more lots in a subdivision.
Neb. Rev. Stat. § 81-885.43 Violations; Attorney General; maintain action.
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Except as provided in subsection (2) of section 81-885.31, whenever, in the judgment of the commission, any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of the Nebraska Real Estate License Act, the Attorney Gene…
Neb. Rev. Stat. § 81-885.44 Complaint for violations of act.
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The commission by and through its director may prefer a complaint for violation of the Nebraska Real Estate License Act.
Neb. Rev. Stat. § 81-885.45 Acting without license or certificate; penalty.
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Any person or subdivider acting as a broker, salesperson, or subdivider without having first obtained the required license or subdivision certificate or while his or her license or subdivision certificate is under suspension shall be guilty of a Class II misdemeanor.
Neb. Rev. Stat. § 81-885.46 License or certificate under prior law; renewal.
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Any real estate license or subdivision certificate issued prior to September 2, 1973, shall, for purposes of renewal, be considered to have been originally issued under the Nebraska Real Estate License Act.
Repealed. Laws 2009, LB 30, § 17.
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[Repealed or reserved.]