State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-885_24

81-885.24. Commission; investigative powers;disciplinary powers; civilfine; violations of unfair trade practices.Thecommission may, upon its own motion, and shall, upon the sworn complaint inwriting of any person, investigate the actions of any broker, associate broker,salesperson, or subdivider, may censure the licenseeor certificate holder, revoke or suspend any license or certificate issuedunder the Nebraska Real Estate License Act, or enter into consent orders, and, alone or in combination with suchdisciplinary actions, may impose a civil fine on a licensee pursuant to section 81-885.10, whenever the license or certificate has been obtainedby false or fraudulent representation or the licensee or certificate holderhas been found guilty of any of the following unfair trade practices:(1) Refusing because of religion, race, color, national origin, ethnicgroup, sex, familial status, or disability to show, sell, or rent any realestate for sale or rent to prospective purchasers or renters;(2) Intentionally using advertising which is misleading or inaccuratein any material particular or in any way misrepresents any property, terms,values, policies, or services of the business conducted;(3) Failing to account for and remit any money coming into his or herpossession belonging to others;(4) Commingling the money or other property of his or her principalswith his or her own;(5) Failing to maintain and deposit in a separate non-interest-bearingchecking account all money received by a broker acting in such capacity, oras escrow agent or the temporary custodian of the funds of others, in a realestate transaction unless all parties having an interest in the funds haveagreed otherwise in writing;(6) Accepting, giving, or charging any form of undisclosed compensation,consideration, rebate, or direct profit on expenditures made for a principal;(7) Representing or attempting to represent a real estate broker, otherthan the employer, without the express knowledge and consent of the employer;(8) Accepting any form of compensation or consideration by an associatebroker or salesperson from anyone other than his or her employing broker withoutthe consent of his or her employing broker;(9) Acting in the dual capacity of agent and undisclosed principal inany transaction;(10) Guaranteeing or authorizing any person to guarantee future profitswhich may result from the resale of real property;(11) Placing a sign on any property offering it for sale or rent withoutthe written consent of the owner or his or her authorized agent;(12) Offering real estate for sale or lease without the knowledge andconsent of the owner or his or her authorized agent or on terms other thanthose authorized by the owner or his or her authorized agent;(13) Inducing any party to a contract of sale or lease to break suchcontract for the purpose of substituting, in lieu thereof, a new contractwith another principal;(14) Negotiating a sale, exchange, listing, or lease of real estatedirectly with an owner or lessor if he or she knows that such owner has awritten outstanding listing contract in connection with such property grantingan exclusive agency or an exclusive right to sell to another broker or negotiatingdirectly with an owner to withdraw from or break such a listing contract forthe purpose of substituting, in lieu thereof, a new listing contract;(15) Discussing or soliciting a discussion of, with an owner of a propertywhich is exclusively listed with another broker, the terms upon which thebroker would accept a future listing upon the expiration of the present listingunless the owner initiates the discussion;(16) Violating any provision of sections 76-2401 to 76-2430;(17) Soliciting, selling, or offering for sale real estate by offeringfree lots or conducting lotteries for the purpose of influencing a purchaseror prospective purchaser of real estate;(18) Providing any form of compensation or consideration to any personfor performing the services of a broker, associate broker, or salespersonwho has not first secured his or her license under the Nebraska Real EstateLicense Act unless such person is (a) a nonresident who is licensed in hisor her resident regulatory jurisdiction or (b) a citizen and resident of aforeign country which does not license persons conducting the activities ofa broker and such person provides reasonable written evidence to the Nebraskabroker that he or she is a resident citizen of that foreign country, is nota resident of this country, and conducts the activities of a broker in thatforeign country;(19) Failing to include a fixed date of expiration in any written listingagreement and failing to leave a copy of the agreement with the principal;(20) Failing to deliver within a reasonable time a completed and datedcopy of any purchase agreement or offer to buy or sell real estate to thepurchaser and to the seller;(21) Failing by a broker to deliver to the seller in every real estatetransaction, at the time the transaction is consummated, a complete, detailedclosing statement showing all of the receipts and disbursements handled bysuch broker for the seller, failing to deliver to the buyer a complete statementshowing all money received in the transaction from such buyer and how andfor what the same was disbursed, and failing to retain true copies of suchstatements in his or her files;(22) Making any substantial misrepresentations;(23) Acting for more than one party in a transaction without the knowledgeof all parties for whom he or she acts;(24) Failing by an associate broker or salesperson to place, as soonafter receipt as practicable, in the custody of his or her employing brokerany deposit money or other money or funds entrusted to him or her by any persondealing with him or her as the representative of his or her licensed broker;(25) Filing a listing contract or any document or instrument purportingto create a lien based on a listing contract for the purpose of casting acloud upon the title to real estate when no valid claim under the listingcontract exists;(26) Violating any rule or regulation adopted and promulgated by thecommission in the interest of the public and consistent with the NebraskaReal Estate License Act;(27) Failing by a subdivider, after the original certificate has beenissued, to comply with all of the requirements of the Nebraska Real EstateLicense Act;(28) Conviction ofa felony or entering a plea of guiltyor nolo contendere to a felony charge bya broker or salesperson;(29) Demonstrating negligence, incompetency, or unworthiness to actas a broker, associate broker, or salesperson, whether of the same or of adifferent character as otherwise specified in this section; or(30) Inducing or attempting to induce a person to transfer an interestin real property, whether or not for monetary gain, or discouraging anotherperson from purchasing real property, by representing that (a) a change hasoccurred or will or may occur in the composition with respect to religion,race, color, national origin, ethnic group, sex, familial status, or disabilityof the owners or occupants in the block, neighborhood, or area or (b) suchchange will or may result in the lowering of property values, an increasein criminal or antisocial behavior, or a decline in the quality of schoolsin the block, neighborhood, or area. SourceLaws 1973, LB 68, § 24; Laws 1975, LB 354, § 3; Laws 1978, LB 361, § 10; Laws 1981, LB 238, § 2; Laws 1982, LB 403, § 1; Laws 1983, LB 182, § 20; Laws 1985, LB 109, § 1; Laws 1990, LB 350, § 11; Laws 2002, LB 863, § 19; Laws 2009, LB30, § 7.AnnotationsThe Real Estate Commission shall have the power to censure the licensee or certificate holder whenever the licensee or certificate holder has been found guilty of either of the following unfair trade practices: (1) failing to deliver within a reasonable time a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and the seller, or (2) acting for more than one party in a transaction without the knowledge of all parties for whom he or she acts. Firmature v. Brannon, 223 Neb. 123, 388 N.W.2d 119 (1986).For the purposes of subsection (28) of this section regarding revocation or suspension of a real estate broker's license, incompetence means failure to meet requirements for a minimal level of acceptable conduct. Weiner v. State ex rel. Real Estate Comm., 217 Neb. 372, 348 N.W.2d 879 (1984).Subsection (28) of this section is not unconstitutionally vague. Weiner v. State ex rel. Real Estate Comm., 217 Neb. 372, 348 N.W.2d 879 (1984).Statute declared to be unambiguous and requiring a salesperson to turn over to his broker any funds entrusted to that salesperson. Weiner v. State ex rel. Real Estate Comm., 214 Neb. 404, 333 N.W.2d 915 (1983).Evidence supported commission's suspension of appellant's real estate license for six months after hearing on complaint that appellant engaged in an unfair trade practice as defined by this section. Abboud v. State ex rel. State Real Estate Comm., 210 Neb. 676, 316 N.W.2d 608 (1982).A real estate broker's license may be suspended or revoked for misconduct occurring in a real estate transaction whether the broker is acting for himself or for others. Wright v. State ex rel. State Real Estate Comm., 208 Neb. 467, 304 N.W.2d 39 (1981).Licensed sales agent's violation of a commission regulation held an action demonstrating unworthiness justifying suspension. Haller v. State ex rel. State Real Estate Commission, 198 Neb. 437, 253 N.W.2d 280 (1977).

State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-885_24

81-885.24. Commission; investigative powers;disciplinary powers; civilfine; violations of unfair trade practices.Thecommission may, upon its own motion, and shall, upon the sworn complaint inwriting of any person, investigate the actions of any broker, associate broker,salesperson, or subdivider, may censure the licenseeor certificate holder, revoke or suspend any license or certificate issuedunder the Nebraska Real Estate License Act, or enter into consent orders, and, alone or in combination with suchdisciplinary actions, may impose a civil fine on a licensee pursuant to section 81-885.10, whenever the license or certificate has been obtainedby false or fraudulent representation or the licensee or certificate holderhas been found guilty of any of the following unfair trade practices:(1) Refusing because of religion, race, color, national origin, ethnicgroup, sex, familial status, or disability to show, sell, or rent any realestate for sale or rent to prospective purchasers or renters;(2) Intentionally using advertising which is misleading or inaccuratein any material particular or in any way misrepresents any property, terms,values, policies, or services of the business conducted;(3) Failing to account for and remit any money coming into his or herpossession belonging to others;(4) Commingling the money or other property of his or her principalswith his or her own;(5) Failing to maintain and deposit in a separate non-interest-bearingchecking account all money received by a broker acting in such capacity, oras escrow agent or the temporary custodian of the funds of others, in a realestate transaction unless all parties having an interest in the funds haveagreed otherwise in writing;(6) Accepting, giving, or charging any form of undisclosed compensation,consideration, rebate, or direct profit on expenditures made for a principal;(7) Representing or attempting to represent a real estate broker, otherthan the employer, without the express knowledge and consent of the employer;(8) Accepting any form of compensation or consideration by an associatebroker or salesperson from anyone other than his or her employing broker withoutthe consent of his or her employing broker;(9) Acting in the dual capacity of agent and undisclosed principal inany transaction;(10) Guaranteeing or authorizing any person to guarantee future profitswhich may result from the resale of real property;(11) Placing a sign on any property offering it for sale or rent withoutthe written consent of the owner or his or her authorized agent;(12) Offering real estate for sale or lease without the knowledge andconsent of the owner or his or her authorized agent or on terms other thanthose authorized by the owner or his or her authorized agent;(13) Inducing any party to a contract of sale or lease to break suchcontract for the purpose of substituting, in lieu thereof, a new contractwith another principal;(14) Negotiating a sale, exchange, listing, or lease of real estatedirectly with an owner or lessor if he or she knows that such owner has awritten outstanding listing contract in connection with such property grantingan exclusive agency or an exclusive right to sell to another broker or negotiatingdirectly with an owner to withdraw from or break such a listing contract forthe purpose of substituting, in lieu thereof, a new listing contract;(15) Discussing or soliciting a discussion of, with an owner of a propertywhich is exclusively listed with another broker, the terms upon which thebroker would accept a future listing upon the expiration of the present listingunless the owner initiates the discussion;(16) Violating any provision of sections 76-2401 to 76-2430;(17) Soliciting, selling, or offering for sale real estate by offeringfree lots or conducting lotteries for the purpose of influencing a purchaseror prospective purchaser of real estate;(18) Providing any form of compensation or consideration to any personfor performing the services of a broker, associate broker, or salespersonwho has not first secured his or her license under the Nebraska Real EstateLicense Act unless such person is (a) a nonresident who is licensed in hisor her resident regulatory jurisdiction or (b) a citizen and resident of aforeign country which does not license persons conducting the activities ofa broker and such person provides reasonable written evidence to the Nebraskabroker that he or she is a resident citizen of that foreign country, is nota resident of this country, and conducts the activities of a broker in thatforeign country;(19) Failing to include a fixed date of expiration in any written listingagreement and failing to leave a copy of the agreement with the principal;(20) Failing to deliver within a reasonable time a completed and datedcopy of any purchase agreement or offer to buy or sell real estate to thepurchaser and to the seller;(21) Failing by a broker to deliver to the seller in every real estatetransaction, at the time the transaction is consummated, a complete, detailedclosing statement showing all of the receipts and disbursements handled bysuch broker for the seller, failing to deliver to the buyer a complete statementshowing all money received in the transaction from such buyer and how andfor what the same was disbursed, and failing to retain true copies of suchstatements in his or her files;(22) Making any substantial misrepresentations;(23) Acting for more than one party in a transaction without the knowledgeof all parties for whom he or she acts;(24) Failing by an associate broker or salesperson to place, as soonafter receipt as practicable, in the custody of his or her employing brokerany deposit money or other money or funds entrusted to him or her by any persondealing with him or her as the representative of his or her licensed broker;(25) Filing a listing contract or any document or instrument purportingto create a lien based on a listing contract for the purpose of casting acloud upon the title to real estate when no valid claim under the listingcontract exists;(26) Violating any rule or regulation adopted and promulgated by thecommission in the interest of the public and consistent with the NebraskaReal Estate License Act;(27) Failing by a subdivider, after the original certificate has beenissued, to comply with all of the requirements of the Nebraska Real EstateLicense Act;(28) Conviction ofa felony or entering a plea of guiltyor nolo contendere to a felony charge bya broker or salesperson;(29) Demonstrating negligence, incompetency, or unworthiness to actas a broker, associate broker, or salesperson, whether of the same or of adifferent character as otherwise specified in this section; or(30) Inducing or attempting to induce a person to transfer an interestin real property, whether or not for monetary gain, or discouraging anotherperson from purchasing real property, by representing that (a) a change hasoccurred or will or may occur in the composition with respect to religion,race, color, national origin, ethnic group, sex, familial status, or disabilityof the owners or occupants in the block, neighborhood, or area or (b) suchchange will or may result in the lowering of property values, an increasein criminal or antisocial behavior, or a decline in the quality of schoolsin the block, neighborhood, or area. SourceLaws 1973, LB 68, § 24; Laws 1975, LB 354, § 3; Laws 1978, LB 361, § 10; Laws 1981, LB 238, § 2; Laws 1982, LB 403, § 1; Laws 1983, LB 182, § 20; Laws 1985, LB 109, § 1; Laws 1990, LB 350, § 11; Laws 2002, LB 863, § 19; Laws 2009, LB30, § 7.AnnotationsThe Real Estate Commission shall have the power to censure the licensee or certificate holder whenever the licensee or certificate holder has been found guilty of either of the following unfair trade practices: (1) failing to deliver within a reasonable time a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and the seller, or (2) acting for more than one party in a transaction without the knowledge of all parties for whom he or she acts. Firmature v. Brannon, 223 Neb. 123, 388 N.W.2d 119 (1986).For the purposes of subsection (28) of this section regarding revocation or suspension of a real estate broker's license, incompetence means failure to meet requirements for a minimal level of acceptable conduct. Weiner v. State ex rel. Real Estate Comm., 217 Neb. 372, 348 N.W.2d 879 (1984).Subsection (28) of this section is not unconstitutionally vague. Weiner v. State ex rel. Real Estate Comm., 217 Neb. 372, 348 N.W.2d 879 (1984).Statute declared to be unambiguous and requiring a salesperson to turn over to his broker any funds entrusted to that salesperson. Weiner v. State ex rel. Real Estate Comm., 214 Neb. 404, 333 N.W.2d 915 (1983).Evidence supported commission's suspension of appellant's real estate license for six months after hearing on complaint that appellant engaged in an unfair trade practice as defined by this section. Abboud v. State ex rel. State Real Estate Comm., 210 Neb. 676, 316 N.W.2d 608 (1982).A real estate broker's license may be suspended or revoked for misconduct occurring in a real estate transaction whether the broker is acting for himself or for others. Wright v. State ex rel. State Real Estate Comm., 208 Neb. 467, 304 N.W.2d 39 (1981).Licensed sales agent's violation of a commission regulation held an action demonstrating unworthiness justifying suspension. Haller v. State ex rel. State Real Estate Commission, 198 Neb. 437, 253 N.W.2d 280 (1977).

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-885_24

81-885.24. Commission; investigative powers;disciplinary powers; civilfine; violations of unfair trade practices.Thecommission may, upon its own motion, and shall, upon the sworn complaint inwriting of any person, investigate the actions of any broker, associate broker,salesperson, or subdivider, may censure the licenseeor certificate holder, revoke or suspend any license or certificate issuedunder the Nebraska Real Estate License Act, or enter into consent orders, and, alone or in combination with suchdisciplinary actions, may impose a civil fine on a licensee pursuant to section 81-885.10, whenever the license or certificate has been obtainedby false or fraudulent representation or the licensee or certificate holderhas been found guilty of any of the following unfair trade practices:(1) Refusing because of religion, race, color, national origin, ethnicgroup, sex, familial status, or disability to show, sell, or rent any realestate for sale or rent to prospective purchasers or renters;(2) Intentionally using advertising which is misleading or inaccuratein any material particular or in any way misrepresents any property, terms,values, policies, or services of the business conducted;(3) Failing to account for and remit any money coming into his or herpossession belonging to others;(4) Commingling the money or other property of his or her principalswith his or her own;(5) Failing to maintain and deposit in a separate non-interest-bearingchecking account all money received by a broker acting in such capacity, oras escrow agent or the temporary custodian of the funds of others, in a realestate transaction unless all parties having an interest in the funds haveagreed otherwise in writing;(6) Accepting, giving, or charging any form of undisclosed compensation,consideration, rebate, or direct profit on expenditures made for a principal;(7) Representing or attempting to represent a real estate broker, otherthan the employer, without the express knowledge and consent of the employer;(8) Accepting any form of compensation or consideration by an associatebroker or salesperson from anyone other than his or her employing broker withoutthe consent of his or her employing broker;(9) Acting in the dual capacity of agent and undisclosed principal inany transaction;(10) Guaranteeing or authorizing any person to guarantee future profitswhich may result from the resale of real property;(11) Placing a sign on any property offering it for sale or rent withoutthe written consent of the owner or his or her authorized agent;(12) Offering real estate for sale or lease without the knowledge andconsent of the owner or his or her authorized agent or on terms other thanthose authorized by the owner or his or her authorized agent;(13) Inducing any party to a contract of sale or lease to break suchcontract for the purpose of substituting, in lieu thereof, a new contractwith another principal;(14) Negotiating a sale, exchange, listing, or lease of real estatedirectly with an owner or lessor if he or she knows that such owner has awritten outstanding listing contract in connection with such property grantingan exclusive agency or an exclusive right to sell to another broker or negotiatingdirectly with an owner to withdraw from or break such a listing contract forthe purpose of substituting, in lieu thereof, a new listing contract;(15) Discussing or soliciting a discussion of, with an owner of a propertywhich is exclusively listed with another broker, the terms upon which thebroker would accept a future listing upon the expiration of the present listingunless the owner initiates the discussion;(16) Violating any provision of sections 76-2401 to 76-2430;(17) Soliciting, selling, or offering for sale real estate by offeringfree lots or conducting lotteries for the purpose of influencing a purchaseror prospective purchaser of real estate;(18) Providing any form of compensation or consideration to any personfor performing the services of a broker, associate broker, or salespersonwho has not first secured his or her license under the Nebraska Real EstateLicense Act unless such person is (a) a nonresident who is licensed in hisor her resident regulatory jurisdiction or (b) a citizen and resident of aforeign country which does not license persons conducting the activities ofa broker and such person provides reasonable written evidence to the Nebraskabroker that he or she is a resident citizen of that foreign country, is nota resident of this country, and conducts the activities of a broker in thatforeign country;(19) Failing to include a fixed date of expiration in any written listingagreement and failing to leave a copy of the agreement with the principal;(20) Failing to deliver within a reasonable time a completed and datedcopy of any purchase agreement or offer to buy or sell real estate to thepurchaser and to the seller;(21) Failing by a broker to deliver to the seller in every real estatetransaction, at the time the transaction is consummated, a complete, detailedclosing statement showing all of the receipts and disbursements handled bysuch broker for the seller, failing to deliver to the buyer a complete statementshowing all money received in the transaction from such buyer and how andfor what the same was disbursed, and failing to retain true copies of suchstatements in his or her files;(22) Making any substantial misrepresentations;(23) Acting for more than one party in a transaction without the knowledgeof all parties for whom he or she acts;(24) Failing by an associate broker or salesperson to place, as soonafter receipt as practicable, in the custody of his or her employing brokerany deposit money or other money or funds entrusted to him or her by any persondealing with him or her as the representative of his or her licensed broker;(25) Filing a listing contract or any document or instrument purportingto create a lien based on a listing contract for the purpose of casting acloud upon the title to real estate when no valid claim under the listingcontract exists;(26) Violating any rule or regulation adopted and promulgated by thecommission in the interest of the public and consistent with the NebraskaReal Estate License Act;(27) Failing by a subdivider, after the original certificate has beenissued, to comply with all of the requirements of the Nebraska Real EstateLicense Act;(28) Conviction ofa felony or entering a plea of guiltyor nolo contendere to a felony charge bya broker or salesperson;(29) Demonstrating negligence, incompetency, or unworthiness to actas a broker, associate broker, or salesperson, whether of the same or of adifferent character as otherwise specified in this section; or(30) Inducing or attempting to induce a person to transfer an interestin real property, whether or not for monetary gain, or discouraging anotherperson from purchasing real property, by representing that (a) a change hasoccurred or will or may occur in the composition with respect to religion,race, color, national origin, ethnic group, sex, familial status, or disabilityof the owners or occupants in the block, neighborhood, or area or (b) suchchange will or may result in the lowering of property values, an increasein criminal or antisocial behavior, or a decline in the quality of schoolsin the block, neighborhood, or area. SourceLaws 1973, LB 68, § 24; Laws 1975, LB 354, § 3; Laws 1978, LB 361, § 10; Laws 1981, LB 238, § 2; Laws 1982, LB 403, § 1; Laws 1983, LB 182, § 20; Laws 1985, LB 109, § 1; Laws 1990, LB 350, § 11; Laws 2002, LB 863, § 19; Laws 2009, LB30, § 7.AnnotationsThe Real Estate Commission shall have the power to censure the licensee or certificate holder whenever the licensee or certificate holder has been found guilty of either of the following unfair trade practices: (1) failing to deliver within a reasonable time a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and the seller, or (2) acting for more than one party in a transaction without the knowledge of all parties for whom he or she acts. Firmature v. Brannon, 223 Neb. 123, 388 N.W.2d 119 (1986).For the purposes of subsection (28) of this section regarding revocation or suspension of a real estate broker's license, incompetence means failure to meet requirements for a minimal level of acceptable conduct. Weiner v. State ex rel. Real Estate Comm., 217 Neb. 372, 348 N.W.2d 879 (1984).Subsection (28) of this section is not unconstitutionally vague. Weiner v. State ex rel. Real Estate Comm., 217 Neb. 372, 348 N.W.2d 879 (1984).Statute declared to be unambiguous and requiring a salesperson to turn over to his broker any funds entrusted to that salesperson. Weiner v. State ex rel. Real Estate Comm., 214 Neb. 404, 333 N.W.2d 915 (1983).Evidence supported commission's suspension of appellant's real estate license for six months after hearing on complaint that appellant engaged in an unfair trade practice as defined by this section. Abboud v. State ex rel. State Real Estate Comm., 210 Neb. 676, 316 N.W.2d 608 (1982).A real estate broker's license may be suspended or revoked for misconduct occurring in a real estate transaction whether the broker is acting for himself or for others. Wright v. State ex rel. State Real Estate Comm., 208 Neb. 467, 304 N.W.2d 39 (1981).Licensed sales agent's violation of a commission regulation held an action demonstrating unworthiness justifying suspension. Haller v. State ex rel. State Real Estate Commission, 198 Neb. 437, 253 N.W.2d 280 (1977).