State guide

Buying or Selling a Home in Nebraska: What You Need to Know

Nebraska is an agency-based real-estate state where your agent legally represents the buyer, the seller, or both sides with written permission, set by the Nebraska Real Estate License Act.

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TL;DR

Nebraska is an agency-based real-estate state where your agent legally represents the buyer, the seller, or both sides with written permission, set by the Nebraska Real Estate License Act. Closings are run by title companies, so you usually do not need to hire a lawyer to buy or sell a home, and a documentary stamp tax of $2.25 per $1,000 of price is collected at closing from the seller. Sellers must give buyers a written property condition disclosure before the contract is signed, and after the August 2024 NAR settlement, buyers must also sign a written agreement with their agent before touring any home listed on the MLS.

10 things every Nebraska buyer or seller should know

  • Nebraska is a mandatory disclosure state, which means home sellers have to fill out a written Seller Property Condition Disclosure Statement and give it to the buyer before the purchase contract is signed. The form covers the seller's actual knowledge of things like the roof, foundation, plumbing, electrical, water damage, and known environmental hazards. It is not a warranty of condition — only a list of what the seller knows — and the requirement cannot be waived, even by mutual agreement.

  • Closings in Nebraska are handled by title companies, not lawyers. The title company runs the title search, prepares the closing paperwork, holds and disburses the money, pays the documentary stamp tax, and records the deed with the county. Hiring an attorney is allowed but is not required for a typical home sale.

  • Nebraska charges a documentary stamp tax on home sales at a rate of $2.25 for every $1,000 of the sale price, under Neb. Rev. Stat. §76-901. On a $350,000 home that comes out to $787.50. By state custom and statute, the seller pays this tax at closing, though a buyer can agree to cover it as a negotiated concession.

  • Nebraska real-estate law recognizes three kinds of agent relationships: buyer's agent, seller's agent, and limited dual agent (one agent or brokerage representing both sides with written permission). There is no 'transaction broker' option in Nebraska, so by default your agent legally represents you with full duties of loyalty, confidentiality, and disclosure unless you change that in writing.

  • Before doing anything that requires a license — including showing a home or walking through an offer — a Nebraska agent must give an unrepresented party the written Agency Disclosure Form and have it signed. The form explains who the agent is representing in the deal. The rule comes from Neb. Rev. Stat. §76-2417.

  • After the August 17, 2024 NAR settlement, Nebraska buyers working with an agent from a brokerage that uses the MLS must sign a written buyer representation agreement before being shown a home — not just before writing an offer. The agreement must spell out how the agent's pay is figured (flat fee, percent of price, or hourly) and that the buyer does not owe that money if the seller or listing broker covers it.

  • As part of the August 2024 NAR settlement, the MLS in Nebraska can no longer publish offers of pay from a seller to the buyer's agent. Sellers and listing brokers can still offer that pay — they simply have to share it outside the MLS, such as on the brokerage website, in the purchase contract, or through direct negotiation between agents.

  • Federal law requires sellers and landlords of homes built before 1978 to tell buyers and renters about any known lead-based paint hazards, hand over the EPA's 'Protect Your Family From Lead in Your Home' pamphlet, and give buyers a 10-day window to test for lead before the contract becomes binding (the buyer can waive that window in writing). Nebraska does not add a separate state lead-paint statute on top of the federal rule.

  • If you are buying a condo or townhome in Nebraska, the seller has to give you a packet of governing documents — including the declaration, bylaws, current rules, recent financial statements, the operating budget, reserve fund balance, any pending lawsuits against the association, and the most recent meeting minutes — before the contract becomes binding. You then get a five-day review period during which you can back out in writing without losing your earnest money. The requirement comes from the Nebraska Condominium Act and the Nebraska Townhome Act.

  • The Nebraska Fair Housing Act bars discrimination in buying, selling, renting, or financing housing based on race, color, national origin, religion, sex, familial status, disability, marital status, and ancestry. That is broader than the federal Fair Housing Act, which does not include marital status or ancestry. Steering buyers toward or away from neighborhoods based on any of these characteristics is illegal in Nebraska.

The guides

Common questions

Do I need a lawyer to buy or sell a home in Nebraska?
No, a lawyer is not required for a normal residential closing in Nebraska. Title companies run the closing — they prepare the closing disclosure, hold the money, pay the documentary stamp tax, and record the deed with the county. You can hire your own attorney to review documents if you want extra peace of mind, but most home buyers and sellers in Nebraska do not.
Who pays the documentary stamp tax when I sell a house in Nebraska?
The seller pays the documentary stamp tax in Nebraska under longstanding state custom and statute. The rate is $2.25 per $1,000 of the sale price, so a $400,000 home triggers a $900 tax. A buyer can offer to cover the tax as part of a negotiated concession, but the seller is the party the law puts on the hook by default.
What is the Seller Property Condition Disclosure Statement, and do I really have to fill it out?
It is a written form, required by Neb. Rev. Stat. §76-2,120, where the seller lists what they actually know about the house — roof, foundation, water damage, plumbing, electrical, environmental hazards, and similar items. The seller must deliver it to the buyer before the purchase contract is signed. The form cannot be skipped or waived, even by mutual agreement, and hiding a known defect can be treated as fraud after closing.
As a buyer, do I have to sign anything before an agent will show me a house?
Yes. After the August 17, 2024 NAR settlement, Nebraska buyers must sign a written buyer representation agreement with their agent before being taken to tour any home listed on the MLS. The agreement has to state how the agent's pay is calculated and that the rate was not set by any MLS, board, or trade group — it is negotiable between you and the agent.
Will I see the buyer's agent commission listed on the MLS?
No. After the August 2024 NAR settlement, the MLS in Nebraska is no longer allowed to publish offers of pay from a seller to a buyer's agent. Sellers and listing brokers can still offer that pay — they just have to share it through other channels like the brokerage website, the purchase contract, or direct negotiation between agents.
What kinds of agent relationships are allowed in Nebraska?
Nebraska law recognizes three: a buyer's agent (full loyalty to the buyer), a seller's agent (full loyalty to the seller), and a limited dual agent (one agent or brokerage representing both sides with written consent from each). Nebraska does not offer a 'transaction broker' option, so unless you sign something else, your agent legally represents you with full duties of care, confidentiality, and disclosure.
What is a 'limited dual agent' in Nebraska?
A limited dual agent is one agent — or two agents at the same brokerage — representing both the buyer and the seller in the same deal, with written consent from both sides. The agent must stay neutral on price and terms and cannot share one side's confidential information with the other. Both parties must be told in writing how the arrangement works before agreeing to it.
I'm buying a condo or townhome — what extra paperwork should I expect?
The seller has to give you a packet of governing documents before your contract becomes binding: the declaration, bylaws, current rules, recent financial statements, operating budget, reserve fund balance, any pending lawsuits against the homeowner association, and the most recent meeting minutes. Once you have the full packet, you get a five-day review window in which you can cancel the deal in writing without losing your earnest money. Read these carefully — they tell you about monthly dues, special assessments, and rules that will apply to you once you own.

Glossary

2 terms
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.