Agency Relationships in Nebraska
Nebraska statutes define the agency relationships a licensee may create and require disclosure of who a licensee represents. This chapter explains seller, buyer, and dual agency and the required agency disclosure.
Agency Relationship Disclosure
Nebraska licensees must disclose the agency relationships they offer and identify who, if anyone, they represent so a consumer is not misled about whose interests the licensee is advancing. A licensee representing one party must still deal honestly and fairly with the other party and disclose known material defects in the property. Clear, early disclosure helps consumers decide how to work with the licensee.
Seller's Agent and Buyer's Agent
A seller's agent represents the seller and owes that client the statutory duties of loyalty, confidentiality, obedience to lawful instructions, disclosure, reasonable skill and care, and accounting. A buyer's agent owes those same duties to the buyer. In every case the licensee owes limited duties of honesty and fair dealing to the party who is not the client.
Dual Agency and Consent
A licensee may act as a limited dual agent, representing both the buyer and the seller in the same transaction, only with the informed written consent of both parties. A dual agent must treat both clients fairly and may not disclose one party's confidential information, such as negotiating position, to the other without permission. Withholding the required consent means the licensee may represent only one side.