When do you hand a Nebraska open house visitor the agency disclosure?
At a Nebraska open house you are usually the seller's agent, and most visitors walking through have not signed a brokerage agreement with anyone. For each of those visitors, at the earliest practicable opportunity during or following your first substantial contact with them, you owe two things in writing: a copy of the commission's current brokerage disclosure pamphlet, and a written disclosure of either the brokerage relationships your designated broker offers or which party you represent. Subsection (2) excuses you where the visitor has already entered into a written agreement for brokerage services with a designated broker. Before you engage in any of the acts enumerated in section 81-885.01(2) with an unrepresented visitor, subsection (3) requires a further written disclosure stating that you are the seller's agent and are not their agent, and listing the tasks you may still perform for them. Subsection (5) requires a signature block for acknowledging receipt, and if the visitor will not sign, you note that refusal on your copy and retain it. The practical move is a stack of pamphlets and disclosures sitting on the sign-in table rather than a hunt for one afterward.
At the earliest practicable opportunity during or following the first substantial contact with a seller, landlord, buyer, or tenant who has not entered into a written agreement for brokerage services with a designated broker, the licensee who is offering brokerage services to that person or who is providing brokerage services for that property shall: (a) Provide that person with a written copy of the current brokerage disclosure pamphlet which has been prepared and approved by the commission; and (b) Disclose in writing to that person the types of brokerage relationships the designated broker and affiliated licensees are offering to that person or disclose in writing to that person which party the licensee is representing.
Checked at the source on August 31, 2026