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NEBRASKA REAL ESTATE COMMISSION
INSTRUCTIONS FOR INCLUDING OPTIONAL INFORMATION
IN THE COMMISSION-PREPARED AND APPROVED DISCLOSURE BROCHURES
In the development of the disclosure brochures required under
Nebraska Agency Relationships statutes, the Commission left space after each
description of a brokerage or limited agency relationship. This space has been
provided so that designated brokers may use it to include information and
disclosures the statute also requires. Examples have been set out in A and B
below.
When inserting this information, designated brokers are required
to use a different type of print, such as italics, boldface, capital, etc., in
order for their information to be distinguishable from that part of the
brochures which were prepared and approved by the Commission.
A. To indicate types of brokerage relationships offered:
Language similar to the following could be inserted after the
appropriate brokerage relationship description:
(Name under which broker is doing business) offers
this type of brokerage relationship.
OR
(Name under which broker is doing business) does not
offer this type of brokerage relationship.
B. A licensee working as an agent or subagent of a client with
a customer who is not represented by a licensee must provide a written
disclosure to the customer of the tasks the client's agent or subagent may
perform with the unrepresented customer. These tasks could also be disclosed
by listing them after the appropriate brokerage relationship description.
1. Examples of tasks a seller's or landlord's agent or
subagent may perform with an unrepresented buyer or tenant may include, but
not be limited to, the following:
a) Tasks for unrepresented buyer by seller's agent:
1. Explain the home buying process. Assess your wants
and needs in a property.
2. Conduct previews and showings of multiple properties.
3. Assist in determining financial ability to purchase.
4. Assist in selection of properties best fitting your
needs.
5. Provide information on available financing.
6. Provide estimate of total investment and monthly
investment required, based on the offer.
7. Provide estimate of closing costs at the time of
completing the offer to purchase.
8. Review and explain clauses in the sales contract.
9. Provide background information you wish given to the
seller regarding the terms of the offer.
10. Present offers to the seller and counter-offers from
the seller.
11. Provide follow-up services, including arranging
inspections, appraisal, and delivering documents and copies.
12. Keep in contact with lenders, inspectors, and
sellers while awaiting closing and report progress.
b) Tasks for unrepresented tenant by landlord's agent:
1. Explain the leasing process. Assess your wants and
needs in a leased space.
2. If requested, conduct previews and showings of
locations available in the market place.
3. Assist in determining financial ability to lease.
4. If requested, provide market data for comparable
leased space that substantiates the landlord/owner =s
terms.
5. Provide background information or details you wish
given to the landlord/owner regarding the terms of your proposal.
6. Present proposals or letter of intent to the
landlord/owner and convey landlord/owner's acceptance or counter-offer
back to you.
7. Prepare letter of intent or review proposed lease and
explain lease provisions.
8. Coordinate signing of lease and delivering copies to
all parties.
2. Examples of tasks a buyer's or tenant's agent or subagent
may perform with an unrepresented seller or landlord may include, but not be
limited to, the following:
a) Tasks for unrepresented seller by buyer's agent:
1. Explain the home selling process.
2. Provide background information, except that required to
be confidential, relating to the buyer's ability to perform under the
proposed terms of an offer.
3. Review and explain clauses in the offer.
4. Provide estimate of closing costs based on the proposed
terms of an offer.
5. Provide market data that justifies the buyer's offer.
6. Present seller =s
counter-offers to the buyer.
7. Provide follow-up services, including coordinating
inspections, appraisals, surveys, etc.
8. Assist with utilities changes.
9. Assist with preparation and filing of documents.
10. Provide referral services, if relocating.
b) Tasks for unrepresented landlord by tenant's agent:
1. Explain the leasing process.
2. Provide background information, except that required to
be confidential, regarding the tenant's ability to perform under the
proposed terms.
3. Review and explain clauses in the proposal.
4. Provide market data that justifies the tenant's proposal.
5. Present landlord/owner =s
counter proposals to tenant.
6. Coordinate lease preparation, signing, and delivering
copies to all parties.
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