When do I need a real estate license?
A real estate license is required when acting as a broker as defined in Neb. Rev. Stat. §81-885.01(1), which specifically states: “Broker means any person who, for any form of compensation or consideration or with the intent or expectation of receiving the same from another, negotiates or attempts to negotiate the
listing, sale, purchase, exchange, rent, lease, or option for any real estate or improvements thereon, or assists in procuring prospects or holds himself or herself out as a referral agent for the purpose of securing prospects for the listing, sale, purchase, exchange, renting, leasing, or optioning of any real estate or collects rents or attempts to collect rents, gives a broker's price opinion or comparative market analysis, or holds himself or herself out as engaged in any of the foregoing.
Broker also includes any person: (a) Employed, by or on behalf of the owner or owners of lots or other parcels of real estate, for any form of compensation or consideration to sell such real estate or any part thereof in lots or parcels or make other disposition thereof; (b) who auctions, offers, attempts, or agrees to auction real estate; or (c) who buys or offers to buy or sell or otherwise deals in options to buy real estate” - What
can an unlicensed person do in a real estate office?
Below is the Commission’s Policy and Interpretation of what an unlicensed person can do and what activities would require a real estate license. This can also be found in the Commissions Policies and Interpretation section of the License Manual .
Use of Unlicensed Persons by Licensees
Licensees, both brokers and salespersons, often use unlicensed persons, either employed or contracted, to perform various tasks related to a real estate transaction which do not require a license. Such persons, for example, are used as personal assistants, clerical support staff, closing secretaries, etc. The Nebraska Real Estate License Act prohibits unlicensed persons from negotiating, listing, or selling real property. It is,
therefore, important for employing brokers and other licensees using such persons to carefully restrict the activities of such persons so that allegations of wrongdoing under the License Act or Rules can be avoided. Licensees should not share commissions with unlicensed persons acting as assistants, clerical staff, closing secretaries, etc. The temptation for such unlicensed persons, in such situations, to go beyond what they can do and negotiate or take part in other
prohibited activities is greatly increased when their compensation is based on the successful completion of the sale.
In order to provide guidance to licensees with regard to which activities related to a real estate transaction unlicensed persons can and cannot perform, the Commission establishes the following Policy: Activities which can be performed by unlicensed persons who, for example, act as personal assistants, clerical support staff, closing secretaries, etc., include,
but are not necessarily limited to:
1. Answer the phone and forward calls to licensees.
2. Transmit listings and changes to a multiple listing service.
3. Follow up on loan commitments after a contract has been negotiated.
4. Assemble documents for closings.
5. Secure documents, i.e. public information, from courthouse, sewer district,
water district, etc.
6. Have keys made for company listings.
7. Write and prepare ads, flyers and promotional information
and place such
advertising.
8. Record and deposit earnest money and other trust funds.
9. Type contract forms under direction of licensee.
10. Monitor licenses and personnel files.
11. Compute commission checks.
12. Place and remove signs on property.
13. Order items of routine repair as directed by licensee and/or supervising broker.
14. Act as courier service to deliver documents, pick up keys, etc.
15. Schedule appointments.
16. Measure
property, if measurements are verified by the licensee.
17. Hand out objective written information on a listing, other than at functions such as open houses, kiosks, and home show booths or fairs. Activities which cannot be performed by unlicensed persons who, for example, act as personal assistants, clerical support staff, closing secretaries, etc., include, but are not necessarily limited to:
1. Host open houses, kiosks, home show booths or fairs, or hand out materials at
such functions.
2. Show property.
3. Answer any questions on listings, title, financing, closing, etc.
4. Discuss or explain a contract, agreement, listing, or other real estate document with anyone outside the firm.
5. Be paid on the basis of real estate activity, such as a percentage of commission, or any amount based on listings, sales, etc.
6. Negotiate or agree to any commission, commission split or referral fee on behalf of a licensee. Employing brokers, whether they
are employing unlicensed persons or whether licensees under their supervision are using unlicensed persons as personal assistants or the like, are responsible for assuring that such unlicensed persons are not involved in activities which require a license and/or activities which violate this policy. Brokers should establish guidelines for the use of unlicensed persons and procedures for monitoring their activities. It is the responsibility of the employing broker to assure that unlicensed
persons, either directly employed or contracted, or employed or contracted by licensees under his or her supervision, are not acting improperly. This policy does not include unlicensed persons who are acting under the exemption related to management of property as set forth in 81-885.04(4). Adopted February 12, 1992
Amended November 15, 2001
How do I request verification of my Nebraska license history?
Licensees sometimes need verification of their licensed status. You may use the Request for Certification of Licensure Form, and submit it to our office. Follow the instructions either on the form or on our website at
https://nrec.nebraska.gov/licensing-forms/licensehistory.html. Please allow approximately seven to ten business days for the Commission to process your request.- How do I update my e-mail address with the Commission?
Please contact the
Commission office either by telephone or email the Commission staff to update your email address.
- How do I know when my license expires?
Newly issued licenses expire December 31 of the year in which they are issued. All renewed licenses expire on December 31 of the year the continuing education is due. You may review your license status by logging into the licensee portal
at: https://nrec.nebraska.gov/licensing-forms/logininfo.html
- How do I set up a Professional Corporation?
Licensees may choose to incorporate under the Nebraska Professional Corporation Act. Contact your attorney or financial consultant for the advisability of such option. A professional corporation must submit an application
(download form or submit form online) to the Commission for a Certificate of Registration certifying that each shareholder, officer, director and professional employee, except the secretary and assistant secretary, is licensed by the Commission and not otherwise disqualified to render services. Filing of the Certificate of Registration
is then made with the Secretary of State's Office. Additional information on this process and the forms are available from the Secretary of State's Office. - What states do you have reciprocal agreements with?
We have several states we have reciprocal agreements with. If there is a
particular state you are interested in becoming licensed in please review the complete list located on our website https://nrec.nebraska.gov/licensing-forms/licensehistory.html - What formats are acceptable for submitting documents (what kinds of files)?
You may submit documents scanned as pdf, jpg, bmp, tif, or as pictures inserted
into a Word document. The Commission does not have the software to view other picture formats.
- I bounced a check to the Real Estate Commission, what should I do?
The State of Nebraska, Treasurer’s office runs the checks through the financial institution, twice. If the moneys are not available on the second run, the Commission receives notification from the Treasurer’s office. The following section of
law is relating to unpaid returned checks: - Section 81-885.14 of the Nebraska Real Estate License Act states, in part, as follows:
"Any check presented to the commission as a fee for either an original or renewal license or for examination for license which is returned to the State Treasurer unpaid shall be cause for revocation or denial of license."If funds were not available, you will need to provide the following to the Commission office: - Submit a letter
addressed to the Commission with an explanation giving fully the circumstances surrounding the issuance of the insufficient funds check.
- The unpaid check amount with an additional $30.00 processing fee. If the unpaid check was for a renewal of license, an additional late penalty fee may need to be added. The Commission will only accept a money order, cash, cashier’s check or credit card for payment of an insufficient funds check.
- Please be aware that
the service for which the check was written will be reversed upon notification from the Treasurer’s office. For example, if you were going to take the examination, you will be unable to until the appropriate documents have been received by the Commission. Another example, if you were renewing your real estate license, your license would not be renewed until the appropriate documents are received by the Commission.
What happens when listings expire?
An expired listing cuts the ties between a seller and an agent. On the other hand, a withdrawn listing remains under contract but the agent removes the listing from the MLS on behalf of the seller's request.
When a seller decides to submit a counterproposal?
When a seller decides to counter an offer presented to him, which is true? To counter: the seller initials the original offer by the box he/she checked indicating it is countered. The seller does not sign the original offer (that would constitute acceptance).
How do I deactivate my California real estate license?
To deactivate your license with the California Bureau of Real Estate (CalBRE) you need to login to their eLicensing online system to update your license record. Similar to procedures in Florida, your broker can also remove you from their license using their online system login.
What is earnest money See note?
An earnest money deposit is money is put up by a potential buyer of real estate to show that it is seriously interested in making the purchase. The money is usually paid within 24-48 hours after the offer is accepted, and is held by a third party or escrow company until the deal is completed.
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