Nebraska LB 187: Change the Sports Arena Facility Financing Assistance Act

Bill Text

LEGISLATIVE BILL 187
Approved by the Governor March 11, 2025

Introduced by Dover, 19.

A BILL FOR AN ACT relating to real property; to amend sections 76-2422,
81-885.02, 81-885.13, and 81-885.24, Reissue Revised Statutes of Nebraska;
to change provisions relating to written agency agreements for brokerage
services and restricted acts, issuance of licenses, and unfair trade
practices under the Nebraska Real Estate License Act; to provide operative
dates; to repeal the original sections; and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 76-2422, Reissue Revised Statutes of Nebraska, is
amended to read:
76-2422 (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 enter into
the written agreements on behalf of the designated broker. A copy of a written
agreement for brokerage services shall be left with the client or clients.
(2) Before engaging in any of the activities enumerated in subdivision (2)
of section 81-885.01, a designated broker intending to establish a single
agency relationship with a seller or landlord shall enter into a written agency
agreement with the party to be represented. Except as provided in section
76-2422.01, the agreement shall include a licensee's duties and
responsibilities specified in section 76-2417, the terms of compensation, a
fixed date of expiration of the agreement, and whether an offer of subagency
may be made to any other designated broker, except that if a licensee is a
limited seller's agent for a builder, the terms of compensation may be
established for a specific new construction property on or before the builder's
acceptance of a contract to sell.
(3)(a) (3) Before or while engaging in any of the acts enumerated in
subdivision (2) of section 81-885.01, a designated broker acting as a single
agent for a buyer for real property being used primarily for residential
purposes where no fewer than one or more than four dwelling units are located
shall enter into a written agency agreement with the party to be represented.
(b) Before or while engaging in any of the acts enumerated in subdivision
(2) of section 81-885.01, a designated broker acting as a single agent for a
buyer or tenant for all other types of property not specified in subdivision
(a) of this subsection may enter into a written agency agreement with the party
to be represented.
(c) An The agreement under this subsection shall include a licensee's
duties and responsibilities specified in section 76-2418, the terms of
compensation, a fixed date of expiration of the agreement, and whether an offer
of subagency may be made to any other designated broker.
(4) Before engaging in any of the activities enumerated in subdivision (2)
of section 81-885.01, a designated broker intending to act as a dual agent
shall obtain the written consent of the seller and buyer or landlord and tenant
permitting the designated broker to serve as a dual agent. The consent shall
include a licensee's duties and responsibilities specified in section 76-2419.
The requirements of this subsection are met as to a seller or landlord if the
written agreement entered into with the seller or landlord complies with this
subsection. The requirements of this subsection are met as to a buyer or tenant
if a consent or buyer's or tenant's agency agreement is signed by a potential
buyer or tenant which complies with this subsection. The consent of the buyer
or tenant does not need to refer to a specific property and may refer generally
to all properties for which the buyer's or tenant's agent may also be acting as
a seller's or landlord's agent and would be a dual agent. If a licensee is
acting as a dual agent with regard to a specific property, the seller and buyer
or landlord and tenant shall confirm in writing the dual-agency status and the
party or parties responsible for paying any compensation prior to or at the
time a contract to purchase property or a lease or letter of intent to lease is
entered into for the specific property.
(5) Before engaging in any of the activities enumerated in subdivision (2)
of section 81-885.01, a designated broker intending to act as a subagent shall
enter into a written contract with the primary designated broker for the
client. If a designated broker has made a unilateral offer of subagency,
another designated broker can enter into the subagency relationship by the act
of disclosing to the customer that he or she is a subagent of the client.
(6) Before engaging in any of the activities enumerated in subdivision (2)
of section 81-885.01, a designated broker who intends to establish an agency
relationship with any party or parties to a transaction in which the designated
broker's duties and responsibilities exceed those contained in sections