Neb. Rev. Stat. » Chapter 36
Nebraska Revised Statutes

Neb. Rev. Stat. § 36-107 (2026)

Sale of lands; owner's contract with agent or broker; when void

✓ current as of July 2026
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Every contract for the sale of lands between the owner thereof and any broker or agent employed to sell the same, shall be void, unless the contract is in writing and subscribed by the owner of the land and the broker or agent. Such contract shall describe the land to be sold, and set forth the compensation to be allowed by the owner in case of sale by the broker or agent.

Notes of Decisions
Cited in 22 cases, 1949–2018 · leading case: Weiner v. Hazer, 430 N.W.2d 269 (Neb. 1988).
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Weiner v. Hazer, 430 N.W.2d 269 (Neb. 1988). · cites it 13× “The court found that Weiner’s claim for a real estate commission was unenforceable as the result of failure to satisfy Neb. Rev. Stat. § 36-107 (Reissue 1984): Every contract for the sale of lands between the owner thereof and any broker or agent employed to sell the same, shall…”
Eagle Partners, L.L.C. v. Rook, 301 Neb. 947 (Neb. 2018). · cites it 2× “20 In Pflug , we determined that although there was not a direct contract between a broker and landowners as contemplated by Neb. Rev. Stat. § 36-107 (Reissue 1974), a contract in which the broker is a third-party beneficiary did exist.”
Wisnieski v. Coufal, 195 N.W.2d 750 (Neb. 1972). · cites it 8× “The defendants contend the listing contract does not meet the requirements of section 36-107, R. R. S. 1943, because: (1) The description of the property is insufficient; and (2) the terms of the proposed sale are not fully set forth in the listing contract and that this is a…”
Abboud v. Michals, 491 N.W.2d 34 (Neb. 1992). · cites it 7× “Defendants contend that if the agreement of June 2, 1983, was for the payment of real estate commissions, it is void because it fails to meet the statutory requirements under Neb. Rev. Stat. § 36-107 (Reissue 1988). Section 36-107 provides: Every contract for the sale of lands…”
Vogt v. Town & Country Realty of Lincoln, Inc., 231 N.W.2d 496 (Neb. 1975). · cites it 2× “We are not unmindful that section 36-107, R. R. S. 1943, provides: “Every contract for the sale of lands between the owner thereof and any broker or agent employed to sell the same, shall be void, unless the contract is in writing and subscribed by the owner of the land and the…”
McCully, Inc. v. Baccaro Ranch, 778 N.W.2d 115 (Neb. 2010). · cites it 2× “Neb.Rev.Stat. § 36-107 (Reissue 2008), first passed in 1897, states: Every contract for the sale of lands between the owner thereof and any broker or agent employed to sell the same, shall be void, unless the contract is in writing and subscribed by the owner of the land and the…”
Wright & Souza, Inc. v. DM Props., 510 N.W.2d 413 (Neb. Ct. App. 1993). · cites it 2× “We find that the oral contract between DM and Capital was a contract for services which did not create an interest in land under § 36-103 or § 36-107. The fact that DM would have been required to pledge real estate as security for the loan does not place this oral agreement…”
Mid-Continent Props., Inc. v. Pflug, 249 N.W.2d 476 (Neb. 1977). · cites it 4× “A second problem presented arises under the terms of section 36-107, R. R. S. 1943. The contract complied fully with the requirements of this section except that it was not signed by the broker, plaintiff herein.”
Marathon Realty Corp. v. Gavin, 398 N.W.2d 689 (Neb. 1987). · cites it 2× “Neb. Rev. Stat. § 36-107 (Reissue 1984). The agreement between Marathon and Gavin complied with these requirements.”
Svoboda v. De Wald, 68 N.W.2d 178 (Neb. 1955). · cites it 3× “owner of the land and the broker or agent. Such contract shall describe the land to be sold, and set forth the compensation to bé allowed by .”
Scheerer v. Fisher, 688 S.E.2d 472 (N.C. Ct. App. 2010). “§ 28-2-903 (l)(e) (2007); Neb. Rev. Stat. § 36-107 (2008); Or. Rev.”
Brezina v. Hill, 277 N.W.2d 224 (Neb. 1979). · cites it 2× “1943, provides: ‘‘Every contract for the sale of lands between the owner thereof and any broker or agent employed to sell the same, shall be void, unless the contract is in writing and subscribed by the owner of the land and the broker or agent.”
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