Sell in Omaha with Meydomo

Seller Property Condition Disclosure Statement

Nebraska law (Neb. Rev. Stat. §76-2,120) requires sellers of residential real property (1–4 dwelling units) to **provide a written disclosure statement** to the buyer before the buyer signs an offer to purchase (or before closing if the parties agree). The required Seller Property Condition Disclosure covers the condition of the major structural components, HVAC, electrical, water systems, foundation, roof, termites, environmental hazards, etc.. It’s a standardized form outline in statute. Some transfers (like new construction homes) are exempt. If a seller fails to give the disclosure in time, the buyer has the right to rescind the contract before closing. Sellers are liable for intentionally misrepresenting or failing to disclose a required item, to the extent the buyer suffers loss. In addition, Nebraska law separately requires telling buyers if the property is in a Sanitary and Improvement District (a type of local taxing district).

• Neb. Rev. Stat. §76-2,120
• Neb. Rev. Stat. §76-1310

MLS Rules

Nebraska’s primary MLS (Great Plains Regional MLS, covering Omaha/Lincoln) requires a listing agreement. The Clear Cooperation policy is in effect. GPRMLS rules require a primary photo on each listing. They also encourage or require agents to attach the Nebraska Seller Disclosure form to listings so buyer agents can review them. MLS remarks must stick to property descriptions and avoid any remarks that could be seen as discriminatory or misleading. Nebraska being a nondisclosure state for sale prices, MLS data is often the only source of information, but that’s tangential (it doesn’t affect what sellers disclose about property condition). The MLS will sanction if, for example, an agent marks a property as having city water when it’s actually well water and the agent knew otherwise – that would conflict with the seller’s disclosure and need correction.

• GPRMLS Rules & Regulations

Lead-Based Paint Hazard Disclosure

Federal law (Residential Lead-Based Paint Hazard Reduction Act of 1992) requires sellers of homes built before 1978 to disclose any known lead-based paint or lead hazards and provide buyers with the EPA’s lead hazard information pamphlet. Buyers must also be given a 10-day opportunity to conduct a lead paint inspection or waive that right.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Under the federal Fair Housing Act, sellers (and their agents) must not publish any advertisement for the listing that expresses a discriminatory preference based on protected classes (e.g. race, color, religion, sex, disability, familial status, or national origin). For example, statements such as 'no children' or other exclusions in home listings are unlawful.

• 42 U.S.C. §3604(c)