Limited Dual Agency Disclosure & Consent — Nebraska Edition Template

Dual agency — one brokerage (or one agent) representing both buyer and seller in the same transaction — is the most heavily regulated conflict of interest in residential real estate. A handful of states ban it outright; the rest permit it only with the informed written consent of both parties, obtained after meaningful disclosure of what the parties are giving up. Get the consent wrong and the consequences stack fast: license discipline, commission forfeiture, and rescission or damages claims grounded in breach of fiduciary duty. Courts have long treated undisclosed dual agency as a fiduciary breach that can void the broker's right to any commission.

This 4-page Informed Consent form does the disclosure properly rather than minimally. It explains in plain language what agency representation normally includes (undivided loyalty, full disclosure, advocacy on price and terms); exactly which duties are limited in dual agency (the agent cannot advocate for either side on price, cannot disclose one party's willingness to pay more or accept less, cannot share confidential negotiating positions); what duties remain intact (honesty, disclosure of material property facts, accounting, confidentiality); and the designated agency alternative where the brokerage appoints separate agents for each party, where state law permits. Both buyer and seller sign separate acknowledgment and consent blocks, with transaction-specific identification and timing language confirming consent was obtained before or at the point dual agency arose.

The 50-state notes summarize the landscape: consent-based regimes (e.g., New York's RPL § 443 disclosure form with dual agency consent), designated agency states, transaction-brokerage states that replace agency entirely, and the states where dual agency is prohibited. This template supplements — and in states with mandatory statutory forms, accompanies — the state-prescribed disclosure. Not a substitute for your state's required form where one exists.

About this Nebraska Edition: These forms are adapted to Nebraska's limited-agency framework under Neb. Rev. Stat. § 76-2401 et seq., using the state's own vocabulary (limited seller's agent, limited buyer's agent, limited dual agent, designated broker, affiliated licensee) and permitting dual representation only as a limited dual agent with informed written consent under § 76-2422, including the statutory confidentiality limits. The seller disclosure and transaction forms are keyed to the Nebraska Seller Property Condition Disclosure Statement requirement of § 76-2,120 (the Commission's prescribed form still controls), the statute of frauds (§ 36-105 for land contracts; § 36-202 for commission/brokerage agreements), and the Nebraska UETA (§ 86-621 et seq.) for electronic execution. Broker-side forms reflect the Nebraska Real Estate License Act (§ 81-885.01 et seq.) — broker supervision, commissions flowing only through the designated broker, broker-to-broker-only referral fees — and note that lien rights for unpaid commissions exist only for commercial property under the Nebraska Commercial Real Estate Broker Lien Act (§ 76-2601 et seq.).