Key Takeaways

  • Nebraska licensees have specific statutory duties to their clients under the License Act
  • All licensees must present all written offers in a timely manner to all parties
  • Confidential information must be kept confidential unless disclosure is required or authorized
  • Licensees must disclose personal interests in transactions to all parties in writing
  • Compensation from multiple parties requires written disclosure to all parties
Last updated: January 2026

Agent Duties in Nebraska

Nebraska law defines specific duties that licensees owe to their clients and to all parties in real estate transactions.

Duties to Clients

Fiduciary Duties

DutyDescription
LoyaltyAct in the client's best interest
ConfidentialityProtect confidential information
DisclosureDisclose all material facts
ObedienceFollow lawful instructions
AccountingAccount for all funds
CareExercise reasonable skill and care

Confidentiality

The duty of confidentiality includes:

  • Motivation for selling or buying
  • Financial information (unless disclosure authorized)
  • Negotiating positions and strategies
  • Other information gained in confidence

Confidentiality Exceptions

Confidential information may be disclosed if:

  1. Disclosure required by law or duty to client
  2. Information becomes public knowledge
  3. Disclosure authorized in writing by the party

Duties to ALL Parties

Nebraska law imposes certain duties on all licensees to all parties in a transaction, regardless of who they represent:

Universal Duties

DutyDescription
HonestyDeal honestly with all parties
Timely presentationPresent all written offers promptly
Material factsDisclose known material facts
No misrepresentationAvoid false statements
Personal interestDisclose licensee's personal interest

Timely Presentation of Offers

All Nebraska licensees must:

  • Present all written offers in a timely manner
  • Present offers even after acceptance of another offer (unless instructed otherwise)
  • Present offers truthfully and accurately

Personal Interest Disclosure

A licensee must provide timely written disclosure when acting on behalf of:

  • The licensee themselves
  • The licensee's immediate family
  • Any organization or entity in which the licensee has a personal interest

Key Rule: This disclosure must be provided to ALL parties to the transaction.

Compensation Disclosure

Single Source of Compensation

When receiving compensation from only one party:

  • No special disclosure required
  • Follow normal agency disclosure procedures

Multiple Sources of Compensation

A licensee shall not accept compensation from more than one party without full written disclosure to all parties.

SituationRequirement
Receiving fee from one partyStandard--no special disclosure needed
Receiving fee from multiple partiesMust disclose to ALL parties in writing

Dual Agency Duties

When acting as a dual agent, the licensee:

Can DoCannot Do
Facilitate the transactionDisclose confidential information
Provide factual informationAdvocate for one party over another
Prepare documentsShare negotiating positions
Present offersRecommend pricing strategies

Dual Agent Limitations

  • Cannot share what price buyer will pay
  • Cannot share what price seller will accept
  • Must remain neutral
  • Cannot advocate for either party

Warning: Dual agency significantly limits the services an agent can provide. Written consent from both parties is required.

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Nebraska Agent Duties Overview
Test Your Knowledge

Which duty does a Nebraska licensee owe to ALL parties in a transaction?

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D
Test Your Knowledge

When must a Nebraska licensee disclose a personal interest in a transaction?

A
B
C
D
Test Your Knowledge

What is required if a Nebraska licensee receives compensation from both the buyer and seller?

A
B
C
D