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Nebraska · §76-2,120Nebraska Seller Property Condition Disclosure Statement

In Nebraska the seller of a one-to-four unit home completes a written disclosure statement and delivers it – with any update – to the buyer or buyer's agent on or before the effective date of the contract that binds the buyer; the buyer acknowledges receipt in writing (Neb. Rev. Stat. §76-2,120). If a sale closes without compliance, the buyer may recover actual damages, costs and attorney's fees, but must sue within one year after taking possession or the conveyance, whichever comes first.

The rules

  1. When (§76-2,120(7))

    On or before the effective date of any contract that binds the buyer; the buyer acknowledges receipt of the statement and any update in writing.

  2. Updates (§76-2,120(5))

    Until that effective date, the seller updates the statement whenever it knows information is no longer accurate; unknown items can be marked as unknown.

  3. Contents (§76-2,120(4))

    Appliances, electrical, heating and cooling, water and sewer, improvements, environmental hazards, title conditions (encroachments, easements, zoning), utility connections, private transfer fee obligations and carbon monoxide alarm compliance.

  4. Remedy (§76-2,120(12))

    Actual damages, court costs and reasonable attorney's fees – suit within one year after possession or conveyance, whichever is first. The transfer itself is not invalidated.

Exempt transfers (§76-2,120(6), selection)

  • Court-ordered transfers, foreclosures, trustee's sales and bankruptcy trustees.
  • Non-occupant fiduciaries; co-owners, spouses, lineal relatives and divorce transfers.
  • Corporate mergers, government transfers and never-occupied new homes.
  • Relocation companies that pass along the prior seller's statement.

What the TC tracks

  • The buyer's written acknowledgment before the contract's effective date.
  • Any updated statement before that date.
  • The one-year limit for claims after possession or closing.

Questions about the Nebraska disclosure

When must the Nebraska disclosure statement be delivered?

On or before the effective date of any contract that binds the buyer, with a written acknowledgment of receipt (§76-2,120(7)).

Does the Nebraska disclosure cover carbon monoxide alarms?

Yes, it includes information on compliance with the carbon monoxide alarm requirements of §§76-604 and 76-605.

How long does a Nebraska buyer have to sue?

One year after taking possession or the conveyance, whichever occurs first (§76-2,120(12)).

Must the buyer's agent verify the Nebraska disclosure?

No. The buyer's agent's only duty under the section is to make sure the buyer gets a copy before the binding contract (§76-2,120(10)).

Are new homes exempt in Nebraska?

Yes, newly constructed residential property that has never been occupied is exempt.

Related guides

Keep the statement and the buyer's signed acknowledgment with the deal documents in ClosingCode – dated, before the contract's effective date.

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Source: Nebraska Revised Statutes §76-2,120 (nebraskalegislature.gov, read October 24, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.