81-885.03. Broker, associate broker, salesperson, defined; license required; cease and desist order; violation; fine; procedure.
392 words·~2 min read·
/ne/chapter-81/81-885-03A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any person who, directly or indirectly for another, with the intention or upon the promise of receiving any form of compensation or consideration, offers, attempts, or agrees to perform or performs any single act described in subdivision
(2)of section 81-885.01 , whether as a part of a transaction, or as an entire transaction, shall be deemed a broker, associate broker, or salesperson within the meaning of the Nebraska Real Estate License Act, and such action shall constitute sufficient contact with the state for the exercise of personal jurisdiction over such person in any action arising out of such action. Committing a single act described in such subdivision by a person required to be licensed under the Nebraska Real Estate License Act and not so licensed shall constitute a violation of the act for which the commission may impose sanctions pursuant to this section for the protection of the public health, safety, or welfare.
(2)Notwithstanding any other provision of the law to the contrary, the director may issue a cease and desist order against any person who violates this section by performing any action described in subsection
(1)of this section without the appropriate license. Such order shall be final ten days after issuance unless the violator requests a hearing pursuant to section 81-885.25 .
(3)If such person violates a cease and desist order issued pursuant to this section, he or she shall be subject to further proceedings before the commission. If, during such proceedings, the commission makes a finding of guilt, the commission may impose a fine not to exceed
(a)one thousand dollars for each day that any action is performed without the appropriate license following the issuance of the order or
(b)the amount of all money earned as commission by the violator, whichever is greater. Judgments for the collection of any fine imposed under this section may be filed in the district court of any county in this state.
(4)Notice and hearing requirements under this section shall be in accordance with the Administrative Procedure Act.
A person who solicits the sale of another's property in exchange for an option to purchase the property from the owners to resell to the buyers for a higher price is acting as a broker under this section. Choice Homes v. Donner, 311 Neb. 835, 976 N.W.2d 187 (2022).