Hiring a Real Estate Lawyer in Nebraska
What a home seller in Nebraska must disclose, how foreclosure works, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Nebraska: fee rules
| Rules on contingency fees | Under Neb. Ct. R. of Prof. Cond. § 3-501.5(c), a contingent fee agreement must be in a writing signed by the client and must state how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. § 3-501.5(d) prohibits fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. § 3-501.5(b) says the basis or rate of fees should be communicated, preferably in writing. |
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| If you disagree with a lawyer's bill | The Nebraska State Bar Association's Legal Fee Arbitration Program offers voluntary arbitration of disputes over fees charged by attorneys (and also between attorneys and physicians, stenographers, consultants and expert witnesses). The rules, petition, respondent's answer form and a fee brochure are on the page; questions go to the program contact at 1-800-927-0117. |
| If a lawyer takes your money | The Nebraska State Bar Association's Client Assistance Fund, established in January 1974 under the Nebraska Supreme Court's authority, helps claimants recover losses caused by dishonest conduct of lawyers while practicing law in Nebraska. Complete the claim form, attach copies of supporting documents, have it notarized, and send it to NSBA/Client Assistance Fund, 635 South 14th Street, Suite 200, Lincoln, NE 68508, keeping a copy. |
Nebraska rules to know first
| What a home seller must disclose | Yes. A seller of residential property with one to four units must give the buyer a signed written disclosure statement of the property's condition (appliances, electrical, heating and cooling, water and sewer systems, defects, environmental hazards, title conditions, utilities, private transfer fees, and carbon monoxide alarm compliance). It must be delivered on or before the date the buyer becomes bound to purchase, and the buyer must acknowledge receipt in writing. Exemptions include foreclosure and trustee's sales, court-ordered sales, transfers between co-owners or to relatives, and never-occupied new construction. Source: Neb. Rev. Stat. § 76-2,120 |
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| How foreclosure works | Both. A trust deed that expressly includes a power of sale can be foreclosed out of court by the trustee under the Nebraska Trust Deeds Act, or, at the lender's (beneficiary's) option, in court like a mortgage. Mortgages are foreclosed by filing a complaint in the district court of the county where the property is located. |
| Foreclosure timeline | For a trustee's sale, the notice of sale may be given only after at least one month has passed since the notice of default was recorded (two months for farm property covered by § 76-1006(1)(b)). The notice of sale must then be published for 5 consecutive weeks, with the last publication 10 to 30 days before the sale. A sale postponed more than 45 days beyond the noticed date must be re-noticed like the original. In a court (judicial) foreclosure, the homeowner can ask, within 20 days after the decree, that the sale be stayed; the stay is generally nine months, but three or six months for certain residential mortgages depending on the original loan term. |
| HOA foreclosure | Yes, for condominiums. A condo association has a lien on a unit for assessments once they are due and a notice of the lien amount is recorded, and it may foreclose the lien like a mortgage after giving reasonable notice to affected lienholders. The lien is ahead of other liens except those recorded before the declaration, a first mortgage or deed of trust recorded before the association's lien notice, and real estate taxes. The homestead exemption does not apply to it. The lien ends unless enforcement starts within three years after the assessments are fully due. This section is part of the Nebraska Condominium Act; other homeowners associations depend on their recorded covenants. Source: Neb. Rev. Stat. § 76-874 |
Find and check a lawyer
| Lawyer referral service | The Nebraska State Bar Association's Find-A-Lawyer website lets the public look for a lawyer. Attorneys listed there charge $50 or less for the first 30 minutes of consultation, according to the site. The site says it is not a directory of NSBA members; for a full list of licensed Nebraska attorneys it points to the Nebraska Supreme Court Attorney Services Division website. |
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| Check that the lawyer is licensed | The Nebraska Supreme Court regulates attorney licensing, and the Nebraska Judicial Branch provides a public attorney search for checking a lawyer's record; the Counsel for Discipline's grievance page points the public to it. |
| Check discipline history or file a complaint | The Nebraska Supreme Court's Counsel for Discipline investigates and prosecutes violations of the Rules of Professional Conduct. File a grievance with the court's grievance form or a letter fully explaining the problem, with copies (not originals) of supporting documents, by email (nsc.cfdcomplaints@nejudicial.gov), fax (402-471-1014) or mail (Counsel for Discipline, 5001 Central Park Dr., Ste. 300, Lincoln, NE 68504-3461); phone 402-471-1040. Grievances that would not describe improper conduct even if true are rejected; otherwise the lawyer is usually asked for a written response, staff investigate, and the grievance is dismissed or charges are filed with a Committee on Inquiry. Grievances and investigations are confidential. The office cannot give legal advice, change court orders or recover money for you; it can only seek discipline. |
Free legal help
| Free legal aid | Legal Aid of Nebraska provides information, referrals, advice, self-help services and representation to qualifying low-income people with civil legal issues, with seven offices serving all 93 counties. There are no walk-ins: call the Statewide AccessLine at 1-877-250-2016 (Monday/Wednesday 8:30-11:30 am, Tuesday/Thursday 1:00-3:00 pm, Central Time) or apply online. Seniors 60+ can use the ElderAccessLine at 1-800-527-7249. The Legal Services Corporation (LSC) lists Legal Aid of Nebraska as the LSC-funded grantee in the state. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Nebraska · Background guide
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.