Seller disclosure requirements in Nebraska

Is a disclosure form required by law?

Yes. Section 76-2,120(2) says each seller of residential real property in Nebraska “shall provide the purchaser with a written disclosure statement of the real property’s condition,” executed by the seller. The rule also covers a lease with an option to purchase and the sale of a home coupled with a ground lease.

The statement must be delivered “on or before the effective date of any contract which binds the purchaser,” and the buyer must acknowledge receipt in writing (§ 76-2,120(7)). If the seller learns before that date that something on the statement is no longer accurate, the seller must update it (§ 76-2,120(5)).

The Nebraska Real Estate Commission publishes the form in its rules (302 NAC Chapter 1), which say it must be “in substantially the following form.” The Commission’s home page announces a new Seller Property Condition Disclosure Statement effective October 18, 2026. The October 2026 version of the form is six pages.

What the form covers

The statute lists what the statement must address (§ 76-2,120(4)):

• appliances included in the sale, and whether they work;
• the electrical, heating, cooling, water and sewer systems;
• improvements and any defect that materially affects value;
• hazardous conditions, including environmental hazards;
• title conditions such as encroachments, easements and zoning restrictions;
• whether utilities are public, private or community;
• any private transfer fee obligation;
• carbon monoxide alarm compliance.

The October 2026 form organizes these into sections on appliances, structure, water systems (including wells and septic systems), cleaning and servicing history, environmental conditions (lead-based paint, radon, mold), title conditions and other conditions such as flood plain or flood way. It also adds a column marking appliances that are smart devices.

The statement is the seller’s own account. The seller completes it “to the best of the seller’s belief and knowledge,” and may write that something is unknown and still comply (§ 76-2,120(5)). It is not a warranty and not a substitute for an inspection, but the buyer “may rely on” it when deciding whether and on what terms to buy (§ 76-2,120(3)). See home inspection cost.

Exemptions

Section 76-2,120(6) says the requirement does not apply to these transfers:

See also foreclosure in Nebraska, since foreclosure sales fall under the first row.

What happens if a seller does not disclose?

• Damages. If a sale is not made in compliance, the buyer “shall have a cause of action against the seller” for actual damages, court costs and reasonable attorney’s fees. The suit must start within one year after the buyer takes possession or the conveyance, whichever comes first (§ 76-2,120(12)).
• The sale stands. A transfer cannot be invalidated “solely because of” a failure to comply (§ 76-2,120(11)). The statute does not itself give the buyer a right to cancel; any cancellation right comes from the purchase agreement.
• Limits on liability. A seller is not liable for an error that was not within the seller’s personal knowledge (§ 76-2,120(8)). Agents are liable only if they knew of the error (§ 76-2,120(9)), and a licensed agent need not verify the statement; a buyer’s agent must make sure the buyer receives it (§ 76-2,120(10)).

Federal lead-based paint rule (homes built before 1978)

Federal rules add duties for “target housing,” meaning most housing built before 1978. Before the buyer is bound, the seller must (40 CFR 745.107):

1. give the buyer the EPA lead hazard information pamphlet;
2. disclose any known lead-based paint or hazards and give the buyer any records or reports about them;
3. disclose the same to each agent.

The buyer must also get a 10-day period, unless both sides agree in writing to another period, to have a lead inspection or risk assessment. The buyer may waive it in writing (40 CFR 745.110). Sales at foreclosure are excluded (40 CFR 745.101).