Nebraska Real Estate Broker Exam — All Questions

Before subdivision real estate may be offered for sale in Nebraska, the subdivider must:

• a.Apply to the Commission for a subdivision certificate✓
• b.Record the plat and then wait ninety days before offering
• c.Post a performance bond equal to the value of the lots
• d.Apply to the county board for a subdivision certificate

Section 81-885.34 requires application for a subdivision certificate to the commission, in writing on a form the commission prescribes and the Attorney General approves, before the real estate is offered for sale. The filing fee is one hundred dollars plus twenty-five dollars for each hundred lots or fraction, and the application carries audited financial statements, the condition of title, the terms of sale, zoning information, and an offering statement of material facts. Section 81-885.33 adds that subdivision real estate may be sold only by a broker and his or her employees licensed in this state, and section 81-885.42 keeps these sections off sales not made under a common promotional plan to offer twenty-five or more lots.

In marketing Nebraska subdivision real estate, a licensee may not:

• a.Describe the zoning regulations that affect the use of the land
• b.Suggest that the Commission has inspected or approved the real estate✓
• c.State that a subdivision certificate has been issued for the land
• d.Provide the offering statement filed with the subdivision application

Section 81-885.38 forbids a broker or salesperson from referring in any manner to the commission or any member or employee of it when selling, offering, advertising, or otherwise promoting such real estate, and from representing that the real estate has been inspected, approved, or otherwise passed upon by the commission or any state official, department, or employee. The three permitted acts all draw on material section 81-885.34 requires in the application itself. Under section 81-885.40, failure to comply with sections 81-885.33 to 81-885.39 renders the contract void and lets the buyer recover payments with six percent interest.

A Nebraska landlord refuses to rent to an applicant because the applicant is an active-duty servicemember. This refusal is:

• a.Lawful, because the act governs sales rather than rental housing
• b.Lawful, because federal fair housing law does not list that class
• c.Unlawful, because military or veteran status is a protected class✓
• d.Unlawful, but only where the dwelling has five or more units

Section 20-318 makes it unlawful to refuse to rent, refuse to negotiate, or otherwise make unavailable a dwelling because of race, color, religion, national origin, disability, familial status, sex, or military or veteran status. That last class was added by Laws 2021, LB540 and carried forward by Laws 2025, LB150; it is Nebraska's addition beyond the federal list. The act plainly covers rentals as well as sales and sets no unit threshold. Section 81-885.24(1) makes the same refusal an unfair trade practice for a licensee, and section 20-322(6) preserves programs that deliberately benefit veterans or servicemembers.

Under the Nebraska Fair Housing Act, a licensee may not make or record:

• a.An inquiry into a housing applicant's maximum monthly budget
• b.An inquiry into a housing applicant's religion or national origin✓
• c.An inquiry into a housing applicant's required number of bedrooms
• d.An inquiry into a housing applicant's preferred school district

Section 20-318(5) makes it unlawful to cause to be made any written or oral inquiry or record concerning the race, color, religion, national origin, disability, familial status, sex, or military or veteran status of a person seeking to purchase, rent, or lease housing — a prohibition that goes beyond the federal act, which bars discriminatory conduct rather than the inquiry itself. Subsection (6) separately forbids including in any transfer, or honoring, a restrictive covenant pertaining to housing. Budget, bedroom count, and a customer's own stated preferences are ordinary search criteria touching no protected characteristic.

A person who publicly markets for sale an equitable interest in a contract to buy an occupied Nebraska house:

• a.Is exempt, as the holder of an ownership interest in that property
• b.Is exempt, as the contract is personal property rather than real estate
• c.Is acting as a broker or salesperson and must hold a license✓
• d.Is acting as a broker only where compensation actually changes hands

Section 81-885.02(2), as amended by Laws 2025, LB187, provides that acting as a broker, associate broker, or salesperson includes publicly marketing for sale an equitable interest in a contract for the purchase of real property, other than a vacant lot, between an owner and a prospective purchaser. Section 81-885.04(1) closes the owner route: an equitable interest is not an ownership interest for purposes of the owner-and-lessor exemption. Section 81-885.03 makes a single such act by an unlicensed person a violation, and section 81-885.06 bars any suit to recover compensation for work the act reserves to licensees.