(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 that person or who is providing brokerage services for that property shall:
(a)Provide that person with a written copy of the current brokerage
disclosure pamphlet which has been prepared and approved by the commission;
and
(b)Disclose in writing to that person the types of brokerage relationships
the designated broker and affiliated licensees are offering to that person
or disclose in writing to that person which party the licensee is representing.
(2)When a seller, landlord, buyer, or tenant has already enter
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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 that person or who is providing brokerage services for that property shall:
(a) Provide that person with a written copy of the current brokerage
disclosure pamphlet which has been prepared and approved by the commission;
and
(b) Disclose in writing to that person the types of brokerage relationships
the designated broker and affiliated licensees are offering to that person
or disclose in writing to that person which party the licensee is representing.
(2) When a seller, landlord, buyer, or tenant has already entered into
a written agreement for brokerage services with a designated broker or when
a buyer or tenant has a brokerage relationship under sections 76-2401 to 76-2430
without a written agreement, no other licensee shall be required to make the
disclosures required by this section.
(3) Before engaging in any of the activities enumerated in subdivision
(2) of section 81-885.01 , a licensee working as an agent or subagent of the
seller or landlord with a buyer or tenant who is not represented by a licensee
shall provide a written disclosure to the customer which contains the following:
(a) A statement that the licensee is an agent for the seller or landlord
and is not an agent for the customer; and
(b) A list of the tasks that the agent acting as a seller's or landlord's
agent or subagent may perform with the customer.
(4) Before engaging in any of the activities enumerated in subdivision
(2) of section 81-885.01 , a licensee working as an agent or subagent of the
buyer or tenant with a seller or landlord who is not represented by a licensee
shall provide a written disclosure to the customer which contains the following:
(a) A statement that the licensee is an agent for the buyer or tenant
and is not an agent for the customer; and
(b) A list of the tasks that the agent acting as a buyer's or tenant's
agent or subagent may perform with the customer.
(5) The written disclosure required pursuant to subsections (1), (3),
and (4) of this section shall contain a signature block for the client or
customer to acknowledge receipt of the disclosure. The customer's acknowledgment
of disclosure shall not constitute a contract with the licensee. If the customer
fails or refuses to sign the disclosure, the licensee shall note that fact
on a copy of the disclosure and retain the copy.
(6) A licensee shall not be required to give the written disclosures
required by this section to a corporation, limited liability company, partnership,
limited liability partnership, or similar entity or to any entity which, if
doing business in the State of Nebraska, would be required to be registered
with the Secretary of State when such corporation, limited liability company,
partnership, limited liability partnership, or entity is purchasing, leasing,
or selling real property (a) on which there are five or more residential dwelling
units, (b) which is subdivided for five or more residential dwelling units,
or (c) any portion of which is zoned or assessed by the county assessor as
commercial or industrial property.
(7) Disclosures made in accordance with sections 76-2401 to 76-2430
shall be sufficient to disclose brokerage relationships to the public.