Nebraska Real Estate and Rescission

Nebraska real estate laws are set in place to protect buyers and sellers of property in the state. It is important for both parties to understand these laws in order to have a smooth transaction. In this article, we aim to give you a better understanding of Nebraska real estate laws and the rescission of a real estate contract.

Nebraska Real Estate and Rescission


One important aspect of Nebraska real estate law is disclosure. Sellers are required to disclose any known defects in the property to potential buyers. This includes issues such as structural problems, mold, and lead paint. Failure to disclose known defects can result in legal repercussions for the seller.

Buying and Selling Without a Real Estate Agent

Another important aspect of Nebraska real estate law is the use of a real estate agent. While it is possible for individuals to buy and sell real estate without the help of a licensed real estate agent, it is highly recommended to use a trusted attorney to navigate the legal process.

The Omaha real estate attorneys at Horgan Law Firm are knowledgeable about local real estate laws and can help ensure that the transaction is completed legally and efficiently.

Types of Real Estate Ownership

When purchasing property in Nebraska, it is important to be aware of the different types of ownership available. These include fee simple, leasehold, and tenancy in common.

  • Fee simple ownership is the most common and gives the owner full rights to the property.
  • Leasehold ownership is when the buyer rents the property from the seller for a certain period of time.
  • Tenancy in common is when two or more individuals own the property together.

It is important to understand the type of ownership before purchasing a property.

Nebraska Property Tax Laws

Nebraska also has specific laws in place regarding property taxes. Property taxes are based on the value of the property and are paid annually. The county assessor is responsible for determining the value of the property for tax purposes. It is important for property owners to keep track of their property taxes and pay them on time to avoid penalties.

Fair Housing Act

In addition to Nebraska real estate laws, there are also federal laws that apply to real estate transactions. The Fair Housing Act, for example, prohibits discrimination in the sale or rental of housing based on race, color, national origin, religion, sex, familial status, or disability. It is important for both buyers and sellers to be aware of and abide by these laws in order to avoid any legal issues.

Protecting Buyers and Sellers in Nebraska

When buying or selling property in Nebraska, it is important to be aware of all applicable laws and to work with a licensed real estate agent to ensure a smooth transaction. By understanding and following the laws in place, buyers and sellers can protect their rights and interests in the real estate process.

Nebraska’s real estate laws are designed to protect the rights of buyers and sellers, ensure fair and transparent transactions, and maintain the stability of the market. It is important for both parties to be familiar with these laws and work with licensed real estate agents to make sure that the process is done correctly. Remember that a little bit of knowledge of Nebraska real estate laws can go a long way in protecting your interests and making sure your real estate transaction goes smoothly.

Rescission in Real Estate: Nebraska

Rescission of a real estate contract can be highly adversarial. In Nebraska, the rescission of a contract refers to the cancellation or reversal of a legally binding agreement. This can occur for a variety of reasons, such as a mistake, fraud, or failure to meet certain conditions.

Right of Rescission

One example of rescission in the context of real estate is the “right of rescission” provided by the federal Truth in Lending Act (TILA). Right of rescission gives borrowers the right to cancel certain home loans, such as refinancing or home equity loans, within three business days of signing the loan contract. This gives the borrower time to review the terms of the loan and make sure they fully understand the agreement before it becomes binding.

Another example of rescission in Nebraska could be if one party to a contract can prove that the other party committed fraud. This could be due to the other party providing false information, or hiding information that would have been important for the signing party to know. In such a case, the party who was defrauded has the right to cancel the contract and seek damages from the other party.

Rescission Clause

In some cases, a contract may have a “rescission clause” included, which allows either party to terminate the agreement under certain conditions. For example, a contract may state that either party can cancel the agreement if the other party fails to meet certain obligations or deadlines.

It’s important to note that the rescission of a contract is not always automatic, and the party seeking to cancel the agreement must often take legal action in order to do so. It’s also essential to keep in mind that rescission of a contract may not always be an option and that once a contract is signed, it becomes legally binding and both parties are obligated to fulfill the terms of the agreement.

Understanding the Right of Rescission in Real Estate Contracts in Nebraska

In conclusion, the rescission of a contract in Nebraska refers to the cancellation or reversal of a legally binding agreement. It can happen for various reasons, such as fraud, mistake, or failure to meet certain conditions. It’s important to be familiar with the laws and regulations of rescission and to consult an attorney when necessary to protect your interests.

Additional Information: Nebraska Revised Statute 45-808 – Contract; requirements; cancellation; procedure; notice; breach; effect – Nebraska Legislature

Horgan Law Firm, P.L.L.C. | Omaha, NE

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