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Legal Guide7 min read

Omaha Home Seller Disclosure Requirements (2026)

Published October 2, 2025

Nebraska Seller Property Condition Disclosure (SPCD)

Nebraska Statute §76-2,120 requires sellers to complete a Seller Property Condition Disclosure Statement and deliver it to the buyer before or upon offer acceptance. Buyers have a 5-day review period.

The form covers:

  • Structural components (foundation, roof, walls, floors)
  • Plumbing, electrical, HVAC
  • Basement and crawlspace — water intrusion history
  • Environmental hazards (lead, asbestos, radon, underground tanks)
  • Flood zone status
  • Legal matters (easements, zoning, liens, HOA)
  • Radon in Nebraska

    Nebraska has elevated radon potential — the Nebraska Radon Program estimates that 1 in 3 Nebraska homes may have elevated radon levels. Disclose any known test results. Buyers frequently require radon testing; mitigation is common and costs $800–$1,500.

    Lead Paint

    Required for pre-1978 homes.

    Nebraska Documentary Stamp Tax

    Nebraska charges a documentary stamp tax of $2.25 per $1,000 of sale price. On a $300,000 Omaha sale: $675. Paid by seller.

    No Attorney Requirement

    Nebraska does not require a real estate attorney for residential closings. Title companies handle escrow.

    HOA in New Omaha Developments

    Newer West Omaha and Elkhorn developments commonly have HOAs. Disclose annual dues, special assessments, and provide CC&Rs.

    Download Nebraska disclosure forms and find flat fee MLS services.

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