Nebraska Agency Law: Dual Agency and Disclosure Requirements

Nebraska's agency law follows general principles with specific written consent and disclosure requirements that are heavily tested.

Agency Types in Nebraska **Seller's Agent**: Full fiduciary duties to seller. Must disclose known material facts to buyers regardless of representation. **Buyer's Agent**: Established by written buyer agency agreement. Full fiduciary duties to buyer. **Dual Agent**: Requires written informed consent from both parties BEFORE the dual agency begins. Cannot fully advocate for either party or disclose confidential information.

Disclosure Timing Nebraska requires disclosure of the agency relationship at **first substantive contact** — when the conversation moves to specific properties or client needs.

Nebraska's Unique Dual Agency Rule Nebraska specifically requires that dual agency consent be obtained **before** the agent knows the identity of both parties — i.e., the broker/brokerage policy on dual agency should be disclosed upfront, not just when a conflict arises. Exam questions test this timing requirement.

Common Exam Questions **Q**: A Nebraska broker has a listing and a buyer interested in that property. When must dual agency consent be obtained? **A**: Before the dual agency relationship begins — not when the offer is made.

Q: A Nebraska licensee shows homes to a buyer without a written agreement. Who does the licensee represent? A: The seller — without a written buyer agency agreement, the licensee is the seller's agent or sub-agent.

[Practice Nebraska agency questions at CARealestate.com/states/nebraska](https://carealestate.com/states/nebraska)