This article reviews the role the real estate broker plays in a typical residential real estate transaction, discusses how statutory guidelines and common-law theories of liability have served to protect the real estate consumer, and analyzes Nebraska's Real Estate Consumer Protection Act to see what new protections are available to the real estate consumer. It is the thesis of this article that traditional theories of liability and statutory regulation have provided insufficient protection for the residential real estate consumer, and that a real estate consumers protection act is an appropriate vehicle for providing additional protection.

I. Introduction

II. The Real Estate Transaction ... A. The Parties ... 1. Role of the Broker ... 2. Real Estate Consumers ... B. Theories of Liability ... 1. Agency ... 2. Dual Agency ... 3. Misrepresentation ... 4. Negligence or Malpractice

III. The Nebraska Real Estate Consumers Protection Act

IV. Conclusion