The Nebraska Seller Property Disclosure Statement: What You Must (and Shouldn't) Tell Buyers

Sellers  ·  Chris Jamison, Nebraska Realty  ·  2026

One of the first things I bring to every listing appointment is the Nebraska Seller Property Condition Disclosure Statement. The reaction is almost always the same — a mix of anxiety and confusion. "Do I have to list everything? What if I'm not sure? Will this scare buyers off?" Here's the thing most agents don't tell you: this form protects you just as much as it informs buyers. And filling it out thoughtfully is one of the smartest moves you can make before you go live.

What the Form Is — and What It Isn't

The Nebraska Seller Property Condition Disclosure Statement (SPCD) is required by state law (Neb. Rev. Stat. §76-2,120) for any seller of residential property with 1–4 dwelling units. The most important thing to understand before you put pen to paper: this form is based on your knowledge, not a warranty. You are not certifying that the home is perfect. You're certifying that what you've written reflects your honest belief as of the date you sign it.

The form must be delivered to the buyer before they sign a purchase agreement. If something material changes between signing and closing — a new roof leak discovered during your move-out, for example — Nebraska law requires you to update the form before the transaction closes.

My process: I bring the blank form to the listing appointment, walk sellers through what each section means, and then send them home with it as homework. The answers need to come from them — not from me. It's their knowledge of the property that matters here.

Who Has to Fill It Out?

Most sellers do, but legal exemptions exist. Court-ordered sales, foreclosures, probate and estate administration, and transfers between immediate family members are generally exempt. If you're a typical homeowner selling anywhere in the Omaha metro — Papillion, Bellevue, Elkhorn, Millard, Gretna, Bennington, or in the city — you fill it out. No shortcuts.

The "Do Not Know" Column — and Why It Matters

The disclosure form has a "Do Not Know" option throughout, and it's there for a reason. If you're selling a rental property you haven't occupied in years, or settling a parent's estate, or listing an investment property you've never lived in — a lot of your answers are legitimately going to be "Do Not Know." That's not a cop-out. That's honesty, and the form is designed for exactly that situation.

The only rule: if you actually know something, you can't claim you don't. "Do Not Know" is for genuine uncertainty, not convenient amnesia.

Part I: Systems — Working, Not Working, or Unknown

Part I covers all the mechanical and operational systems of the home across five sections. For each item, sellers check one of four columns: Working, Not Working, Do Not Know, or None/Not Included.

A few things sellers consistently miss in this section:

Section A — Appliances: This covers everything from the refrigerator and dishwasher to the garbage disposal and built-in vacuum. If an appliance isn't staying with the house — say the seller is taking the washer and dryer — mark it "Not Included," not "Not Working." That's an important distinction buyers and their agents look for.

Section B — Electrical Systems: The electrical panel entry asks for AMP capacity and whether it uses fuses or circuit breakers. A lot of sellers don't know their panel's amperage off the top of their head — 100-amp vs. 200-amp is a real difference buyers care about, especially in older Benson, Dundee, or Field Club homes. If you're not certain, a quick look at the panel or a call to an electrician before you list can save headaches later. This section also asks about the security system — specifically whether it's owned or leased and whether it has central station monitoring. Leased systems have implications for the buyer, so that's worth noting clearly.

Section C — Heating and Cooling: Sellers are asked about the age of the HVAC system, heat pump, and any propane tank — including whether the propane tank is owned or rented. Rented propane tanks, like leased security systems, come with contracts that transfer to the buyer. Know which one you have.

Section D — Water Systems: Covers plumbing (water supply), water heater age, water softener (owned or rented), and well systems. If you have a water softener on a rental contract, that's a "None/Not Included" or a leased item disclosure — not just a check in the working column.

Section E — Sewer Systems: Covers plumbing drainage, sump pump, and septic. If your property is on septic, you'll circle back to this in Part II as well.

Part II: The Condition Questions

Part II shifts from "is it working?" to "has anything happened?" These are Yes / No / Do Not Know questions, and any "Yes" answer requires an explanation in the Part III comments.

Section A — Structural

This is where the form gets serious for most sellers. It asks about current and past roof leaks, present roof damage, water intrusion in the basement or crawl space, and damage from wind, hail, fire, flood, insects, or rodents. It also asks whether any part of the property — foundation, floor, wall, sidewalk, patio, driveway, retaining wall — has experienced moving or settling, and whether there have been any room additions or structural changes.

If you've ever had an insurance claim involving any of these items, it almost certainly shows up in a CLUE report — a property insurance history that buyers' agents commonly pull. The most problematic situation I see: a claim was filed, but the repairs were never fully completed. That combination — claim on record, unresolved damage — is the scenario that most often creates friction in a transaction. If that applies to your property, get it resolved before listing, or be completely transparent about its current status in the comments.

Section B — Environmental

This section asks whether any of the following have been present on the property: asbestos, contaminated soil or water, buried materials, lead-based paint, radon gas, toxic materials, underground storage tanks, noxious weeds, or EPA-designated hazardous substances.

Omaha-area sellers should pay particular attention to radon. Douglas County is a Zone 1 county per the EPA — the highest potential for elevated radon levels. If you have an existing radon test, disclose it. If you've had a mitigation system installed, disclose that too and note it in the comments. A mitigation system is a selling point to an informed buyer, not a red flag. For homes built before 1978, lead-based paint gets its own separate federal disclosure form in addition to this one.

Section C — Title

This section covers shared features (fences, walls, driveways), non-utility easements, encroachments, zoning violations, lot-line disputes, planned road or utility work near the property, HOA or condo association authority, deed restrictions, and any lawsuits or governmental notices related to the property. If your HOA just approved a special assessment, or if the city has notified you of planned construction on your street, that belongs here.

Section D — Other Conditions

This is one of the most locally relevant sections for Omaha metro sellers, and the one that trips people up most often.

Items 2 and 5 ask specifically whether the home is connected to a Sanitary Improvement District (SID) water or sewer system. If your home is in a newer subdivision anywhere in the metro — and a large percentage of Omaha-area homes are — the answer is likely yes. SID assessments are ongoing costs tied to the property that the buyer will assume, and they need to know about them. Not sure if you're in a SID? Check your property tax statement or ask me. For a fuller explanation of how SIDs work, see our Nebraska SID tax guide.

Item 8 asks whether the property is in a flood plain or floodway. Item 14 covers flooding, drainage, or grading problems. These are separate questions for a reason — you might not be in a designated flood plain but still have standing water issues after heavy rain.

Item 15 is the one I always flag proactively at the listing appointment: Have you made any insurance or manufacturer claims on the property, and were all repairs completed? Sometimes sellers genuinely don't know — they filed a claim years ago and can't remember if it was paid, denied, or partially repaired. If you're uncertain, contact your insurance company before filling this out. The claim shows up in the CLUE report either way, so it's always better to address it on the form than have a buyer's agent discover it independently.

Section E — Cleaning and Servicing

This section asks whether you've had the air conditioner, furnace, fireplace and chimney, HVAC system, septic, wood-burning stove, and well serviced or inspected — and when. If you don't know when the HVAC was last serviced, that's a legitimate "Do Not Know." But if you do know, write it in. A recent service date signals maintained systems. An HVAC that hasn't been touched in years signals the opposite.

Part III: Comments — The Section That Does the Most Work

Every "Yes" answer in Part II needs to be explained in Part III. This is the most underused part of the entire form, and in my opinion, the most powerful.

A disclosure that just checks "Yes" to basement water intrusion is alarming. A disclosure that says "Yes — water entered through east window well in 2021; window well cover installed, interior drain tile added by XYZ Waterproofing; no recurrence since" tells a completely different story. You've disclosed honestly, demonstrated you addressed the problem, and replaced buyer anxiety with buyer confidence.

I coach sellers in both directions here. Some want to write a novel about every minor quirk the house has ever had — I help them understand how that reads to a buyer's agent. Others want to check "Yes" and leave the comment blank. Neither approach serves you well. The goal is thorough, clear, and calm.

What You Don't Have to Disclose

Nebraska law does not require you to disclose deaths that occurred in the home, stigmatized property history, or cosmetic issues a buyer can plainly observe during a showing. You're also not required to disclose things you genuinely don't know — mark them unknown. The practical standard: if a reasonable buyer would consider it important to their decision to purchase, it probably belongs on the form.

Does Fixing Things Before Listing Change Your Disclosure?

Almost always yes — with one condition: document the repair. A repaired past issue described clearly in Part III comments is a much easier conversation than an active unresolved defect. Fix it, keep the paperwork, and disclose it as a resolved condition. That applies to roof repairs, waterproofing, HVAC replacements, mold remediation, and any structural work.

The exception: don't make repairs specifically to conceal that a problem ever existed without disclosing it. That creates legal exposure if the issue resurfaces after closing.

For a broader look at getting your home ready for the market, see our Omaha home selling page. If your home has already been listed and isn't moving, our post on what to do when your home isn't selling walks through the real reasons deals stall. And when you're ready to know what your home is worth, get a free home valuation here.