Guides / Buyer-Agent Agreements / Nebraska

Buyer-Agent Agreements in Nebraska

Nebraska did NOT rely purely on the national NAR settlement / MLS rule — it enacted its own statute. LB187, signed March 11, 2025 and effective (operative) July 1, 2025, amended Neb. Rev. Stat. §76-2422 to change buyer agency agreements from permissive ("may") to mandatory ("shall") for residential transactions. Specifically, §76-2422(3)(a) now requires that before or while engaging in any licensed brokerage act (showing property, negotiating, or representing oneself as a buyer's agent), a designated broker acting as a single agent for a buyer of residential real property with 1-4 dwelling units must enter into a written buyer agency agreement with that buyer. This is broader than the NAR settlement's national requirement (effective August 17, 2024), which only mandates a written agreement before touring homes with an MLS-participating agent — Nebraska's rule is a standalone state-law mandate triggered by any representative act, not just touring, and does not depend on MLS involvement. For non-residential property types or tenant representation, the agreement remains optional ("may") under §76-2422(3)(b). The Nebraska Real Estate Commission (NREC) has issued official guidance/best-practices materials confirming these requirements and providing a non-mandatory sample contract.

Legislative Bill 187 (LB187), 2025 Nebraska Legislature (signed by Gov. Jim Pillen, March 11, 2025), amending Neb. Rev. Stat. §76-2422 (also touches §§81-885.02, 81-885.13, 81-885.24) of the Nebraska Real Estate License Act — effective July 1, 2025 (Neb. Rev. Stat. §76-2422 as amended by LB187 Sec. 1, per Sec. 5 operative-date clause). Note: separate LB187 provisions on licensing education (amending §81-885.13) became operative January 1, 2026, but that is unrelated to the buyer-agreement mandate itself. This is distinct from the national NAR settlement's practice-change date of August 17, 2024.

Requirements

Written agreement is mandatory (not optional) for a designated broker acting as sole/single agent for a buyer of residential property with 1-4 dwelling units, per amended Neb. Rev. Stat. §76-2422(3)(a)
Must be entered into before or while engaging in any licensed act on the buyer's behalf - including showing property, negotiating a purchase, or representing to any party that one is the buyer's agent (broader trigger than NAR settlement's 'before touring' standard)
Contract must state the licensee's statutory duties and responsibilities under Neb. Rev. Stat. §76-2418 (reasonable skill and care, fiduciary duty, timely presentation of all offers, written disclosure of known adverse material facts)
Contract must include specific terms of compensation and a fixed/specific date of expiration (per §76-2422(3)(c))
Contract must state whether an offer of subagency may be made to another designated broker; a signed copy must be provided to the buyer; NREC also recommends (as best practice, not strict statutory text) a box for the buyer to attest no pre-existing buyer agency contract exists with another agent
Licensee may not accept compensation until the transaction is consummated or terminated (Neb. Rev. Stat. §81-885.24(35)), and if compensated by more than one party, that must be disclosed in writing and signed by all parties at or before contract formation (Neb. Rev. Stat. §76-2424)

Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.

Related Resources

Down Payment Assistance in Nebraska Property Taxes in Nebraska Transfer Tax & Closing Costs in Nebraska Seller Disclosure Laws in Nebraska Find Agents in Nebraska Commission Calculator