Missouri guide

Missouri Buyer Agency Agreement Requirements Post-NAR Settlement (August 2024)

Q: Is this a Missouri law I can look up?

Not exactly. The buyer agreement rule comes from the NAR (National Association of REALTORS) settlement, and it's enforced as an MLS rule — not a Missouri state statute. Missouri does have a separate state law (RSMo 339.770) that requires the Brokerage Disclosure Form, which is a different document.

Starting August 17, 2024, any Missouri real estate agent who belongs to an MLS must have you sign a written buyer agreement before showing you a home, even online.

TL;DR

Starting August 17, 2024, any Missouri real estate agent who belongs to an must have you sign a written buyer agreement before showing you a home, even online. That agreement has to spell out exactly how your agent gets paid — a specific dollar amount or percentage, not a vague "whatever the seller offers." This rule comes from the settlement and runs alongside Missouri's separate brokerage disclosure form, which you'll still get when you first sit down with an agent.

Before you start — 8 things to know

You'll sign a written buyer representation agreement before you tour any home in Missouri with a real-estate agent — including virtual walkthroughs. No signed agreement, no tour.
The agreement must state a specific number for your agent's pay — like "2.5%" or "$8,000." Vague language like "whatever the seller offers" is not allowed under the settlement rules.
This is an rule, not a Missouri state law. But almost every real estate agent in Missouri belongs to an MLS like MARIS, so in practice every working agent has to follow it.
You'll also receive a separate Missouri Brokerage Disclosure Form when you first start working with an agent. That form explains the type of agency relationship and is different from the buyer agreement — the disclosure does not replace the buyer agreement.
If the seller offers to pay more toward your agent than your agreement says, you get the extra — it cannot quietly go to your agent. Your agent's pay is capped at the number in your buyer agreement.
If the seller offers less than what your buyer agreement says — or offers nothing at all — you may have to cover the difference out of pocket, unless you negotiate something else (like asking the seller for a credit at closing).
The buyer agreement is a contract. Read the term length, the geographic area it covers, how to cancel, and the pay amount before signing. You can ask for changes before signing.
You can sign a short, single-home agreement for just one property tour if you're not ready to commit to one agent yet — the rule requires a written agreement, but does not force a long exclusive contract.

The timeline — step by step

First conversation with a Missouri agent: the agent gives you the Brokerage Disclosure Form explaining what kind of agency relationship they offer (buyer's agent, seller's agent, dual agent, transaction broker).
Before any home tour — in-person or virtual — you and the agent sign a written Missouri Buyer Representation Agreement that names a specific compensation amount or rate.
You and the agent tour homes. Your agent works for you under the terms of the signed agreement.
When you find a home, your agent checks what the seller is offering to pay a buyer's agent (this is no longer shown on the but is often disclosed by the listing agent or seller). The number in your buyer agreement caps what your agent can collect.
You write your offer. If the seller's offered pay is less than your buyer agreement amount, you can ask the seller to cover the gap as part of your offer, or plan to pay the difference yourself at closing.
At closing, your agent's pay comes from the source(s) named in your agreement: seller, seller concessions, you directly, or a mix — but the total cannot exceed the amount in your signed agreement.

Common questions

Do I really have to sign something before I can just go look at a house?

Yes, if you're touring with a Missouri agent who belongs to an (almost all of them do). The rule started August 17, 2024 and applies to both in-person showings and virtual walkthroughs. You can sign a one-home, short-term agreement if you're not ready to lock in with one agent.

Who pays my agent now?

It depends on what you negotiate in the buyer agreement and in your offer. The seller may still agree to pay your agent, you may pay directly, or it could be split. The key change is that nothing is automatic anymore — the source of pay has to be agreed upon, and the number in your buyer agreement is the ceiling.

What if the seller offers to pay more than what's in my buyer agreement?

You get the extra — your agent cannot collect more than what your agreement says. So if your agreement says 2.5% and the seller offers 3%, that extra 0.5% benefits you (often as a credit toward closing costs or price). It cannot quietly go to your agent.

What if the seller won't pay my agent at all?

Then you're on the hook for whatever your buyer agreement says, unless you negotiate something else. You can ask the seller to pay your agent as a condition of your offer (this is called a seller concession). If they refuse and you still want the home, you'd pay your agent yourself at closing.

Is this a Missouri law I can look up?

Not exactly. The buyer agreement rule comes from the (National Association of REALTORS) settlement, and it's enforced as an rule — not a Missouri state statute. Missouri does have a separate state law (RSMo 339.770) that requires the Brokerage Disclosure Form, which is a different document.

Can I cancel the agreement if my agent isn't working out?

Read your specific agreement — every Missouri Buyer Representation Agreement should have a section on how to end it and any obligations that remain (like paying a fee if the agent already showed you a home you later buy). Ask about cancellation terms before you sign, and ask for changes if anything feels too restrictive.

What's the difference between the buyer agreement and the disclosure form I was handed?

The Missouri Brokerage Disclosure Form is informational — it just explains the type of agency relationship (who the agent represents). The buyer representation agreement is a contract — it spells out the services, the term, and how your agent gets paid. You get the disclosure first, the agreement before any tour.

Glossary

2 terms

NAR — National Association of Realtors: The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service: The shared database agents use to list and find homes for sale. Most homes you'll see online started here.

Sources

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