Nebraska Commission on Unauthorized Practice of Law Ph: 402.475.7091
635 S 14
th
St. #200 Fax: 402.475.7098
PO Box 81809 www.nebar.com
Lincoln, NE 68501 jburke@nebar.com
Commission on the Unauthorized Practice of Law
Bill of Sale Advisory Opinion 2012-001
The Commission on the Unauthorized Practice of Law was asked to issue an advisory opinion regarding a real estate
licensee/broker or title company using a pre-printed bill of sale for the sale of personal items when the personal items
accompany the sale of real property. The specific questions asked of the Commission were:
In the event that the personal property is listed in the Purchase Agreement, can a real estate company
provide:
1) A blank bill of sale created by in-house counsel for the clients to fill out?
2) A blank bill of sale for the real estate agents to fill out based on the purchase agreement terms? OR can
a Title Company prepare either a blank bill of sale to distribute to Buyer and Seller or prepare a bill of
sale based on the items listed in the purchase agreement?
Can either a real estate agent/company or title company provide a bill of sale (blank or otherwise) to a
buyer/seller if (while incident to the sale of real property) the personal property agreement is separate
from the purchase agreement for real estate?
Quoted from request for advisory opinion.
Neb. Ct. R. 3-1004 provides exceptions and exclusions for acts which, whether or not constitute the practice of law, are
not prohibited. §3-1004 (A)(5) addresses an exclusion applicable to the questions set forth above. This section states, “In
closing a real estate sale, licensed real estate brokers and title insurance companies and their licensed agents may prepare
deeds, releases which do not affect judgment liens, deeds of reconveyance, title affidavits, closing statements, and related
documents.”
The Commission is of the opinion that a bill of sale for personal property that accompanies and is incidental to the sale of
real property is a “related document” as listed in the exception. The bill of sale for personal property, however, is
subject to other limitations set forth in the rules. The bill of sale, if completed by a nonlawyer shall be on standardized
forms which may contain various blanks to be filled in, the completion or selection of which does not require the
knowledge, judgment or skill of one trained as a lawyer. See Neb. Ct. R. 3-1004(A )(6).
No counsel or advice shall be given by the real estate or title agent with respect to the meaning, validity, or legal effect of
the document or regarding the rights and obligations of the parties to the transaction. See Neb. Ct. R. 3-1004
Rules Cited in Opinion
(5) In closing a real estate sale, licensed real estate brokers and title insurance companies and their licensed agents may
prepare deeds, releases which do not affect judgment liens, deeds of reconveyance, title affidavits, closing statements, and
related documents.
(6) The documents referred to in §3-1004(A)(3), (4) and (5) to be prepared by nonlawyers shall be on standardized forms
which may contain various blanks to be filled in, the completion or selection of which does not require the knowledge,
judgment, or skill of one trained as a lawyer.
(7) No counselor advice shall be given with respect to the meaning, validity, or legal effect of the document or regarding
the rights and obligations of the parties.
