reglab/housing_qa huggingface dataset:
NE Code § 76-881 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-881 - Public-offering statement; conversion building; information required.

76-881.  Public-offering statement; conversion building; information required.(a) The public-offering statement of a condominium containing any conversion building must contain, in addition to the information required by section 76-880:(1) a brief statement by an architect or a professional engineer describing the apparent condition of the structural components and mechanical and electrical installations material to the use and enjoyment of the building;(2) a statement by the declarant of the age of each item reported on in paragraph (1) of this subsection or a statement that no representations are made in that regard; and(3) a list of any outstanding notices of uncured violations of building codes or other municipal regulations of which the declarant is actually aware.(b) This section applies only to buildings containing units that may be occupied for residential use.Source   Laws 1983, LB 433, § 57;   Laws 1984, LB 1105, § 16;   Laws 1997, LB 622, § 114.
NE Code § 76-882 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-882 - Public-offering statement filed with Securities and Exchange Commission; effect.

76-882.  Public-offering statement filed with Securities and Exchange Commission; effect.If an interest in a condominium is currently registered with the Securities and Exchange Commission of the United States, a declarant satisfies all requirements relating to the preparation of a public-offering statement of the Nebraska Condominium Act if he or she delivers to the purchaser a copy of the public-offering statement filed with the Securities and Exchange Commission. An interest in a condominium is not a security under the Securities Act of Nebraska.Source   Laws 1983, LB 433, § 58;  Laws 2002, LB 857, § 5.  Cross References  Securities Act of Nebraska, see section 8-1123.
NE Code § 76-883 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-883 - Delivery of public-offering statement; purchaser's rights.

76-883.  Delivery of public-offering statement; purchaser's rights.(a) A person required to deliver a public-offering statement pursuant to subsection (c) of section 76-879 shall provide a purchaser of a unit with a copy of the public-offering statement and all amendments thereto before conveyance of that unit and not later than the date of any contract of sale. Unless a purchaser is given the public-offering statement more than fifteen days before execution of a contract for the purchase of a unit, the purchaser, before conveyance, may cancel the contract within fifteen days after first receiving the public-offering statement.(b) After receiving the public-offering statement and all amendments, a purchaser has the right to have an independent inspection of the building's structure and mechanical systems conducted at the purchaser's expense.(c) If a purchaser elects to cancel a contract pursuant to subsection (a) of this section, he or she may do so by hand-delivering notice thereof to the offeror or by mailing notice thereof by mail postage prepaid to the offeror or to his or her agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before cancellation shall be refunded promptly.(d) If a person required to deliver a public-offering statement pursuant to subsection (c) of section 76-879 fails to provide a purchaser to whom a unit is conveyed with that public-offering statement and all amendments thereto as required by subsection (a) of this section, the purchaser is entitled to receive damages and other relief from that person.Source   Laws 1983, LB 433, § 59;   Laws 1984, LB 1105, § 17;   Laws 1993, LB 478, § 16;  Laws 2006, LB 924, § 3.
NE Code § 76-884 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-884 - Resale of unit; information required.

76-884.  Resale of unit; information required.(a) Except in the case of a sale where delivery of a public-offering statement is required or unless exempt under subsection (b) of section 76-878, the unit owner and any other person in the business of selling real estate who offers a unit to a purchaser shall furnish to a purchaser before conveyance a copy of the declaration other than the plats and plans, the bylaws, the rules or regulations of the association, and the following information:(1) a statement setting forth the amount of the monthly common expense assessment and any unpaid common expense or special assessment currently due and payable from the selling unit owner;(2) any other fees payable by unit owners;(3) the most recent regularly prepared balance sheet and income and expense statement, if any, of the association;(4) the current operating budget of the association, if any;(5) a statement that a copy of any insurance policy provided for the benefit of unit owners is available from the association upon request;(6) a statement of the remaining term of any leasehold estate affecting the condominium and the provisions governing any extension or renewal thereof; and(7) a disclosure of any threatened or pending litigation involving the unit or the association.(b) The association, within ten days after a request by a unit owner, shall furnish in writing the information necessary to enable the unit owner to comply with this section. A unit owner providing information pursuant to subsection (a) of this section is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.(c) A purchaser is not liable for any unpaid assessment or fee greater than the amount set forth in the information prepared by the association. The unit owner or any other person in the business of selling real estate who offers a unit to a purchaser is not liable to a purchaser for the failure or delay of the association to provide such information in a timely manner.Source   Laws 1983, LB 433, § 60;   Laws 1984, LB 1105, § 18;  Laws 2020, LB808, § 51.
NE Code § 76-885 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-885 - Sale or conveyance of unit; release of liens.

76-885.  Sale or conveyance of unit; release of liens.(a) In the case of a sale of a unit where delivery of a public-offering statement is required pursuant to subsection (c) of section 76-879, a seller shall, before conveying a unit, record or furnish to the purchaser, releases of all liens affecting that unit and its common element interest which the purchaser does not expressly agree to take subject to or assume. This subsection does not apply to any real estate which a declarant has the right to withdraw.(b) Before conveying real estate to the association the declarant shall have that real estate released from: (1) all liens the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units, and (2) all other liens on that real estate unless the public-offering statement describes certain real estate which may be conveyed subject to liens in specified amounts.Source  Laws 1983, LB 433, § 61.
NE Code § 76-886 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-886 - Conversion buildings; rights of tenants.

76-886.  Conversion buildings; rights of tenants.(a) A declarant of a condominium containing conversion buildings, and any person in the business of selling real estate for his or her own account who intends to offer units in such a condominium shall give each of the residential tenants and any residential subtenant in possession of a portion of a conversion building notice of the conversion and provide those persons with the public-offering statement, if any, no later than sixty days before the tenants and any subtenant in possession are required to vacate. The notice must set forth generally the rights of tenants and subtenants under this section and shall be hand delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant. No tenant or subtenant may be required to vacate upon less than sixty days' notice, except by reason of nonpayment of rent, waste, or conduct that disturbs other tenants' peaceful enjoyment of the premises, and the terms of the tenancy may not be altered during that period. Failure to give notice as required by this section is a defense to an action for possession.(b) For sixty days after delivery or mailing of the notice described in subsection (a), the person required to give the notice may offer to convey each unit or proposed unit occupied for residential use to the tenant who leases that unit. If such an offer is made and the tenant fails to purchase the unit during the sixty-day period, the offeror may not offer to dispose of an interest in that unit during the following thirty days at a price or on terms more favorable to the offeree than the price or terms offered to the tenant. This subsection does not apply to any unit in a conversion building if that unit will be restricted exclusively to nonresidential use or the boundaries of the converted unit do not substantially conform to the dimensions of the residential unit before conversion.(c) If a seller, in violation of subsection (b) of this section, conveys a unit to a purchaser for value who has no knowledge of the violation, recordation of the deed conveying the unit extinguishes any right a tenant may have under subsection (b) of this section to purchase that unit if the deed states that the seller has complied with subsection (b) of this section, but does not affect the right of a tenant to recover damages from the seller for a violation of subsection (b) of this section.(d) If a notice of conversion specifies a date by which a unit or proposed unit must be vacated the notice shall constitute a notice to vacate.(e) Nothing in this section permits termination of a lease by a declarant in violation of its terms.(f) Any tenant may waive any provision of this section by a written instrument executed after the date of notice.Source  Laws 1983, LB 433, § 62.
NE Code § 76-887 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-887 - Express warranties; creation.

76-887.  Express warranties; creation.Express warranties made by any seller to a purchaser of a unit, if relied upon by the purchaser, are created as follows:(a) any written affirmation of fact or written promise which relates to the unit, its use, or rights appurtenant thereto, area improvements to the condominium that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the condominium creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise;(b) any written description of the physical characteristics of the condominium or model of amenities, including plans and specifications of or for improvements, creates an express warranty that the condominium will conform to the model or description;(c) any written description of the quantity or extent of the real estate comprising the condominium, included in the plats or surveys, creates an express warranty that the condominium will conform to the description, subject to customary tolerances; and(d) a provision that a buyer may put a unit only to a specified use is an express warranty that the specified use is lawful at the time of conveyance.A statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.Source   Laws 1983, LB 433, § 63;   Laws 1984, LB 1105, § 19.
NE Code § 76-888 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-888 - Implied warranties of quality.

76-888.  Implied warranties of quality.A declarant and any person in the business of selling real estate for his or her own account warrants that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted.Source   Laws 1983, LB 433, § 64;   Laws 1984, LB 1105, § 20.
NE Code § 76-890 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-890 - Warranties; statute of limitations; judicial proceedings; notice; effect; strict compliance; required.

76-890.  Warranties; statute of limitations; judicial proceedings; notice; effect; strict compliance; required.(a) A judicial proceeding for breach of any obligation arising under section 76-887 or 76-888 must be commenced within two years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than one year. With respect to a unit that may be occupied for residential use, an agreement to reduce the period of limitation must be evidenced by an instrument executed by the purchaser. Prior to commencing any judicial proceeding under this section, the person seeking to commence the judicial proceeding must (1) provide written notice of the proposed proceeding and the specific alleged defect or defects to the prospective defendant or defendants and (2) give the prospective defendant or defendants at least three months to cure the alleged defect or defects. If the defect or defects are such that they cannot reasonably be cured within three months, the cure period shall extend as long as the prospective defendant has commenced and is diligently proceeding with repairs. Providing the notice in this section in a manner reasonably understood to inform the prospective defendant of the specific alleged defect or defects shall toll any applicable statute of limitations until the alleged defect or defects are cured. Any proceeding commenced without strict compliance with this section is subject to dismissal for such noncompliance.(b) Subject to subsection (c) of this section, a cause of action for breach of warranty, regardless of the purchaser's lack of knowledge of the breach, accrues:(1) as to a unit, at the time the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or at the time of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and(2) as to each common element, at the time the common element is completed or, if later, (i) as to a common element that may be added to the condominium or portion thereof, at the time the first unit therein is conveyed to a bona fide purchaser, or (ii) as to a common element within any other portion of the condominium, at the time the first unit in the condominium is conveyed to a bona fide purchaser.(c) If a warranty explicitly extends to future performance or duration of any improvement or component of the condominium, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.Source   Laws 1983, LB 433, § 66;   Laws 1984, LB 1105, § 21;  Laws 2020, LB808, § 52.
NE Code § 76-891.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-891.01 - Effect of violations on rights of action; attorney's fees.

76-891.01.  Effect of violations on rights of action; attorney's fees.If a declarant or any other person subject to the Nebraska Condominium Act fails to comply with any provision of the act or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. The court, in an appropriate case, may award costs and reasonable attorney's fees.Source  Laws 1993, LB 478, § 17.
NE Code § 76-892 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-892 - Labeling of promotional material.

76-892.  Labeling of promotional material.Promotional material may be displayed or delivered to prospective purchasers which display amenities provided they are labeled: (a) Must Be Built or (b) Need Not Be Built.Source  Laws 1983, LB 433, § 68.
NE Code § 76-893 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-893 - Declarant; liability for repair and restoration.

76-893.  Declarant; liability for repair and restoration.The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any portion of the condominium affected by the exercise of rights reserved pursuant to or created by sections 76-847 to 76-850, 76-852, and 76-853.Source  Laws 1983, LB 433, § 69.
NE Code § 76-894 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-894 - Conveyance of unit; when authorized.

76-894.  Conveyance of unit; when authorized.In the case of a sale of a unit where delivery of a public-offering statement is required, a contract of sale may be executed, but no interest in that unit may be conveyed, until the declaration is recorded and the unit is substantially completed, as evidenced by a recorded certificate of substantial completion executed by an architect, a surveyor, or a professional engineer, or by issuance of a certificate of occupancy authorized by law.Source   Laws 1983, LB 433, § 70;   Laws 1997, LB 622, § 115.
NE Code § 76-901 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-901 - Tax on grantor; rate.

76-901.  Tax on grantor; rate.There is hereby imposed a tax on the grantor executing the deed as defined in section 76-203 upon the transfer of a beneficial interest in or legal title to real estate at the rate of two dollars and twenty-five cents for each one thousand dollars value or fraction thereof. For purposes of sections 76-901 to 76-908, value means (1) in the case of any deed, not a gift, the amount of the full actual consideration thereof, paid or to be paid, including the amount of any lien or liens assumed, and (2) in the case of a gift or any deed with nominal consideration or without stated consideration, the current market value of the property transferred. Such tax shall be evidenced by stamps to be attached to the deed. All deeds purporting to transfer legal title or beneficial interest shall be presumed taxable unless it clearly appears on the face of the deed or sufficient documentary proof is presented to the register of deeds that the instrument is exempt under section 76-902.Source   Laws 1965, c. 463, § 1, p. 1472;   Laws 1969, c. 618, § 1, p. 2505;   Laws 1983, LB 194, § 1;   Laws 1985, LB 236, § 1;   Laws 1992, LB 1192, § 9;  Laws 2005, LB 40, § 6.
NE Code § 76-903 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-903 - Design; collection of tax; refund; procedure; disbursement.

76-903.  Design; collection of tax; refund; procedure; disbursement.The Tax Commissioner shall design such stamps in such denominations as in his or her judgment will be the most advantageous to all persons concerned. When any deed subject to the tax imposed by section 76-901 is offered for recordation, the register of deeds shall ascertain and compute the amount of the tax due thereon and shall collect such amount as a prerequisite to acceptance of the deed for recordation. If a dispute arises concerning the taxability of the transfer, the register of deeds shall not record the deed until the disputed tax is paid. If a disputed tax has been paid, the taxpayer may file for a refund pursuant to section 76-908. The taxpayer may also seek a declaratory ruling pursuant to rules and regulations adopted and promulgated by the Department of Revenue. From each two dollars and twenty-five cents of tax collected pursuant to section 76-901, the register of deeds shall retain fifty cents to be placed in the county general fund and shall remit the balance to the State Treasurer who shall credit ninety-five cents of such amount to the Affordable Housing Trust Fund, twenty-five cents of such amount to the Site and Building Development Fund, twenty-five cents of such amount to the Homeless Shelter Assistance Trust Fund, and thirty cents of such amount to the Behavioral Health Services Fund.Source   Laws 1965, c. 463, § 3, p. 1473;   Laws 1969, c. 618, § 2, p. 2505;   Laws 1983, LB 194, § 3;   Laws 1985, LB 236, § 2;   Laws 1992, LB 1192, § 10;   Laws 1997, LB 864, § 16;  Laws 2001, LB 516, § 6;  Laws 2001, Spec. Sess., LB 3, § 5;  Laws 2005, LB 40, § 7;  Laws 2011, LB388, § 14.
NE Code § 76-904 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-904 - Deeds; filing without stamps; prohibited; removal of stamps from deed; prohibited.

76-904.  Deeds; filing without stamps; prohibited; removal of stamps from deed; prohibited.The register of deeds shall accept no deeds, instruments, or writings for conveyance of any lands, tenements, or other realty sold unless the stamps as are provided for in section 76-901 are attached and canceled. The stamps shall not be subsequently removed from the deed.Source  Laws 1965, c. 463, § 4, p. 1474.
NE Code § 76-905 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-905 - Register of deeds; recording deed with insufficient tax paid; penalty.

76-905.  Register of deeds; recording deed with insufficient tax paid; penalty.Any register of deeds who shall record any deed upon which a tax is imposed by the provisions of sections 76-901 to 76-907 without collecting the proper amount of tax as required by the provisions of sections 76-901 to 76-907 as is indicated in the declaration appended to such deed shall, upon conviction thereof, be fined the sum of fifty dollars.Source  Laws 1965, c. 463, § 5, p. 1474.
NE Code § 76-906 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-906 - Rules and regulations.

76-906.  Rules and regulations.The Tax Commissioner shall prescribe such rules and regulations as he may deem necessary to carry out the purposes of sections 76-901 to 76-907.Source  Laws 1965, c. 463, § 6, p. 1474.
NE Code § 76-907 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-907 - Sections; operative date.

76-907.  Sections; operative date.Sections 76-901 to 76-907 shall become operative on January 1, 1966, or immediately upon the repeal of the federal stamp act on deeds of conveyance of real estate whichever is later. If the repeal of the stamp tax levied by the federal government is conditional upon the levy of a comparable tax by the state, then sections 76-901 to 76-907 shall become operative on the first day of the third month following the adoption of such a law by the federal government. The month in which the federal act is adopted shall be counted as the first month in determining the operative date of sections 76-901 to 76-907.Source  Laws 1965, c. 463, § 7, p. 1474.