Omaha Home Seller Disclosure Requirements (2026)

Nebraska's Seller Property Condition Disclosure Statement is required. Omaha-specific issues include radon (Nebraska has Zone 1 radon risk throughout most of the state), Missouri River flood zone properties in eastern Omaha and Sarpy County, and military-related disclosure near Offutt AFB.

Nebraska SPCDS Framework

Nebraska Revised Statutes §76-2,120 requires sellers to provide the Seller Property Condition Disclosure Statement. Buyers have 5 business days after receipt to rescind the contract. The form covers all major property systems and conditions.

Nebraska's disclosure form uses a "Yes/No/Unknown" format. "Unknown" is available if you genuinely don't know, but "No" must reflect actual lack of awareness, not avoidance of disclosure.

Radon — Nebraska's Most Common Environmental Disclosure Issue

Nebraska is one of the highest radon-risk states in the US. The EPA designates the vast majority of Nebraska (including Douglas and Sarpy counties) as Zone 1 — predicted average indoor radon levels >4 pCi/L. Radon comes from the decay of uranium in Nebraska's soils and underlying geology.

Nebraska SPCDS requires radon disclosure:

Mitigation systems in Omaha cost $800–$2,000. A home with a tested and mitigated radon level (typically reduced to under 2 pCi/L with a sub-slab depressurization system) is more marketable than an untested home.

Missouri River Flood Zone

The Missouri River defines Omaha's eastern boundary. FEMA flood zone maps show Special Flood Hazard Areas in portions of eastern Omaha (near Carter Lake, which is geographically in Iowa but legally in Nebraska due to the river's course change), along the Papillion Creek (which drains through Sarpy County), and in other low-lying areas.

The 2011 Missouri River flooding was exceptional — Offutt Air Force Base experienced flooding that affected some structures. Know your FEMA flood zone and disclose any prior flooding during your ownership.

Offutt AFB Proximity (Sarpy County)

Offutt Air Force Base is located in Bellevue, Sarpy County, south of Omaha. Properties near Offutt face:

The 2019 Missouri River flooding significantly affected parts of Offutt AFB and adjacent areas. If your property was near the 2019 flooding extent, disclose any impact.

Nebraska's Limited HOA Disclosure Law

Nebraska doesn't have a comprehensive HOA seller disclosure statute. However, HOA existence and fees are material facts covered by the SPCDS "additional conditions" section. Provide CC&Rs, bylaws, and current budget to buyers. If there are pending special assessments, disclose them.

Nebraska Transfer Tax

$2.25 per $1,000 of consideration. On a $270,000 sale: $607. Seller's cost. Very low compared to most states.