Duties and Powers of the Real Estate Commission
Area I of the Nebraska broker state outline is worth 5 of the 50 scored items. It covers the general powers of the Nebraska Real Estate Commission, its investigation and hearing process, and the disciplinary action it may take.
How the Commission Is Constituted
Section 81-885.07 creates the State Real Estate Commission as the Secretary of State, who serves as chairperson, plus six members appointed by the Governor. Three of the six are active licensed brokers of at least five years' standing, one from each congressional district; the other three are appointed at large, one representing the public, one a salesperson of at least three years, and one a broker of at least five. Appointed members serve six-year terms and are limited to one such term. At least four members must be present at any official meeting, and a majority's action is the Commission's action. The office is maintained in Lincoln, and the Commission employs a director who keeps its records.
Investigations, Complaints, and Hearings
Under section 81-885.24 the Commission may investigate a licensee on its own motion and must investigate upon the sworn written complaint of any person — the complainant need not be a client. Before the Commission censures, fines, suspends, or revokes, section 81-885.25 requires it to send the licensee a copy of the complaint and to give written notice of the hearing's date and place at least twenty days beforehand, unless the licensee waives the hearing and signs a consent order. Where the licensee is an associate broker or salesperson, the employing broker is notified too. Section 81-885.30 provides for appeal.
Disciplinary Action, Fines, and Sanctions
Section 81-885.10 gives the Commission full power to regulate licenses and licensee activity: it may censure, suspend, or revoke, enter consent decrees, and issue cease and desist orders. A civil fine may stand alone or accompany other discipline, capped for each complaint at the greater of five thousand dollars or the total commission the licensee earned in each transaction the complaint covers. The Commission keeps these powers over a licensee's past acts whether or not the person remains licensed. Unlicensed activity runs on a separate track under section 81-885.03, where violating a cease and desist order exposes the violator to the greater of one thousand dollars a day or all commission earned.
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State-specific details
State exam facts
- State regulator
- Nebraska Real Estate Commission (NREC)
- Exam vendor
- Pearson VUE
- Prelicensing education
- 60 class hours beyond the 90-hour salesperson requirement
- Passing score
- 75%
- Scored questions
- 130
- Time limit
- 240 minutes
Who regulates real estate brokers in Nebraska?
The Nebraska Real Estate Commission (NREC) licenses and disciplines brokers, associate brokers, and salespersons under the Nebraska Real Estate License Act (Neb. Rev. Stat. sections 81-885 to 81-885.56). NREC contracts with Pearson VUE to deliver the licensing exams, at Pearson Professional Centers in Lincoln, Omaha, and North Platte and at community college sites including Columbus, Grand Island, Hastings, Lexington, McCook, Norfolk, and Scottsbluff.
What experience do I need before the Nebraska broker exam?
Under Neb. Rev. Stat. section 81-885.13(3), broker applicants must have served actively for two years as a licensed salesperson or broker and complete 60 class hours of commission-approved education beyond the salesperson requirement, or qualify under the hardship provision. Rule 299 NAC 1-004.01 reads 'served actively for two years' as full-time experience, or the equivalent period if less than full time. Applicants must be at least 19 years old, and a new broker may not act as a designated broker until completing postlicensure courses in real estate trust accounting, brokerage finance, business ethics, and risk management.
How is the Nebraska broker exam structured?
The Nebraska broker exam is entirely multiple choice, in two portions taken in one 4-hour appointment: an 80-item national portion (2.5 hours) and a 50-item Nebraska state portion (1.5 hours), for 130 scored items, plus 5 to 10 unscored pretest items. A score of 75% is required. A salesperson candidate who passes one portion may retake only the portion failed; a broker candidate who fails either portion must retake both parts of the examination.
What does the Nebraska state portion of the broker exam cover?
Pearson VUE publishes a separate broker state outline (effective September 1, 2023) with five areas across the 50 scored items: Duties and Powers of the Real Estate Commission (5), Licensing (7-8), Statutory Requirements Governing the Activities of Licensees (17-18), Agency (15), and Additional Topics (5). Agency alone is 30% of the state portion. The broker outline is not the salesperson outline: the two carry identical areas and subtopics but swap the item counts for Statutory Requirements and Agency.
Sources: https://nrec.nebraska.gov/licensing-forms/licenseinformation.html, https://www.pearsonvue.com/content/dam/VUE/vue/en/documents/publications/092800.pdf, https://nebraskalegislature.gov/laws/statutes.php?statute=81-885.13
In the Nebraska Real Estate Broker guide: A 60-question national practice exam, with a key that explains all four options and not just the right one. Practice here stays free.