An action to compel the specific performance of a contract of sale of real estate may be brought in the county where the defendants or any of them reside; but if all the defendants are nonresidents of the state, it may be brought in the county where the real estate or some part thereof is situated.
§ 25-403.Action for specific performance of land contract.
Article 4: Venue · Not amended since original codification · Last verified July 22, 2026
In one sentenceSection 25-403 sets venue for a lawsuit demanding specific performance of a real estate sale contract, sending the case to the county where a defendant resides, or to the county where the land sits if every defendant lives outside Nebraska.
Full Text of § 25-403
Source
R.S.1867, Code § 53, p. 401; R.S.1913, § 7614; C.S.1922, § 8557; C.S.1929, § 20-403; R.S.1943, § 25-403.
Cross References
For provisions on designation of defendants, see section 25-312.
Plain-English Summary
When a buyer or seller refuses to go through with a real estate deal, the other side may sue to force performance of the contract rather than only seeking damages. Section 25-403 tells the plaintiff where to file that lawsuit.
The default rule points to the people, not the land: the action may be brought in the county where the defendant resides, or, if there is more than one defendant, in the county where any of them resides. This differs from the general rule in section 25-401, which routes most real estate lawsuits to the county where the property is located.
The exception flips that logic when residence in Nebraska is unavailable as an anchor. If every defendant is a nonresident of the state, the plaintiff may bring the action in the county where the real estate, or some part of it, is situated. That guarantees a Nebraska forum exists for a specific-performance claim even when no defendant can be found living in the state.
Frequently Asked Questions
Where do I sue to force someone to complete a real estate sale?
Section 25-403 lets you file in the county where the defendant resides, or where any defendant resides if there is more than one.
What if the person who backed out of the land contract lives out of state?
If all the defendants are nonresidents of Nebraska, you may bring the action in the county where the real estate, or some part of it, is located.
Why does this section use the defendant’s residence instead of the location of the property?
A specific-performance claim is aimed at compelling a person to act, so the statute treats it more like an ordinary personal action tied to the defendant, unlike the property-focused actions covered in section 25-401.
Does this section apply to a lawsuit seeking money damages for breach of a land contract instead of specific performance?
No. Section 25-403 addresses actions to compel specific performance specifically; a damages claim for injury connected to real estate is governed by section 25-401 instead.
If there are two defendants and they live in different counties, which county can I choose?
You may bring the action in the county where either defendant resides.
Does this section address venue for contracts unrelated to real estate?
No. Section 25-403 is limited to actions to compel specific performance of a contract for the sale of real estate.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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