Key Takeaways

  • Nebraska agency relationships are governed by the Nebraska Real Estate License Act and Article 24 (Agency Relationships)
  • Every designated broker must adopt a written policy identifying which agency relationships their firm will offer
  • Nebraska allows single agency, limited agency, dual agency, and designated agency relationships
  • Effective July 1, 2025, all agents working with buyers must have a Written Buyer Representation Contract
  • Agency disclosure must be provided at first substantial contact with any buyer or seller
Last updated: January 2026

Nebraska Agency Relationships

Nebraska agency relationships are governed by the Nebraska Real Estate License Act and Article 24 of the statutes, which specifically addresses agency relationships.

Written Policy Requirement

Section 76-2420 requires every designated broker to adopt a written policy that:

  • Identifies and describes the agency relationships the firm will offer
  • Must offer at least one type of agency relationship
  • May offer all or any combination of allowed relationships

Key Point: This written policy must be provided to consumers along with the agency disclosure form.

Types of Agency Relationships in Nebraska

Single Agency

A single agent represents only one party in a transaction:

Single Agent RoleRepresents
Seller's agentSeller only
Buyer's agentBuyer only
Landlord's agentLandlord only
Tenant's agentTenant only

Single agent duties include:

  • Loyalty to the client
  • Confidentiality of client information
  • Full disclosure of material facts to client
  • Obedience to lawful instructions
  • Accounting for all funds
  • Reasonable care and diligence

Limited Agency

Nebraska uses limited agency relationships for buyers and tenants:

TypeDescription
Buyer limited agencyWorking with buyer without written agreement
Tenant limited agencyWorking with tenant without written agreement
Seller limited agencyRequires written agreement or subagency acceptance
Landlord limited agencyRequires written agreement or subagency acceptance

Important: A licensee working with a buyer or tenant is considered a limited agent unless there is a written agreement as an agent or appointment by the designated broker.

Dual Agency

Dual agency occurs when:

  1. One agent represents both the buyer and seller in the same transaction, OR
  2. The same brokerage represents both parties

Requirements for Dual Agency

RequirementDescription
Written consentBoth parties must consent in writing
DisclosureFull disclosure of the dual relationship
TimingConsent must be obtained before engaging in activities
ConfirmationMust confirm dual agency status and compensation responsibility

Warning: Dual agency significantly limits what an agent can do for either party. Nebraska allows dual agency but does NOT have designated representatives within dual agency.

Designated Agency

Section 76-2427 authorizes a designated broker to appoint in writing one or more affiliated licensees to act as a limited agent of a client to the exclusion of all other affiliated licensees.

FeatureDescription
AppointmentMust be in writing
ScopeAppointed agent acts to exclusion of other affiliated licensees
PolicyDesignated broker may make appointments in written policy

Written Buyer Representation Contract (Effective July 1, 2025)

Per Legislative Bill 187, effective July 1, 2025:

RequirementDescription
MandatoryAll agents working with buyers must have written contract
TimingMust be in place before showing properties
ContentsTerms of representation, compensation, duties

Exam Tip: This is a significant 2025 change. All buyer agents must have a written buyer representation contract.

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Nebraska Agency Relationship Types
Test Your Knowledge

Under Nebraska law, what document is required from all agents working with buyers effective July 1, 2025?

A
B
C
D
Test Your Knowledge

What type of agency exists by default when a Nebraska licensee works with a buyer without a written agreement?

A
B
C
D