Missouri Brokerage Disclosure Form (BD): First Substantial Contact Requirements under ss339.770

Before you start — 8 things to know

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  In Missouri, an agent must hand you the Brokerage Disclosure Form (BD) at or before "first substantial contact," which is the point a chat goes from "how's the market?" to a real conversation about a specific home or your specific needs.

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  First substantial contact is not just an in-person meeting; a phone call, text thread, or email exchange about a specific property or your buying plans can trigger the BD form requirement under Missouri law.

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  The BD form lays out the agency choices in Missouri: a buyer's agent (loyal to you), a seller's agent (loyal to the seller), a designated agent (someone in a firm assigned just to you), a dual agent (loyal to both sides with written consent), or a transaction broker (a neutral helper, not loyal to either side).

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  Missouri is one of the few states with the "transaction broker" role, where the licensee facilitates the deal without owing fiduciary loyalty to you, so read that box carefully on the BD form before agreeing.

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  You are not required to sign the BD form, but the agent must still present it and document that they did, so signing simply confirms you received it, not that you have hired them.

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  The BD form only informs you about agency roles; the Buyer Representation Agreement is the separate contract that actually hires a buyer's agent and spells out compensation, so do not treat the two documents as the same thing.

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  After the August 2024 NAR settlement, Missouri buyers usually see the BD form right before or alongside a Buyer Representation Agreement, because a signed buyer rep contract is now required before an agent can show you MLS-listed homes.

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  Ask the agent to keep a dated copy of the BD form in your transaction file even if you never end up buying, because it is the main paper trail proving they explained the agency relationship before representing you.

The timeline — step by step

1. 1

   Step 1: When you first reach out to a Missouri agent with a general question like "what's happening in the market?", the BD form is not yet required because the conversation is still generic.

2. 2

   Step 2: The moment the conversation shifts to your budget, neighborhoods, or a specific listing, you have hit "first substantial contact" and the agent must present the Brokerage Disclosure Form (BD) to you under ss339.770 RSMo.

3. 3

   Step 3: The agent walks you through the BD form's agency options — buyer's agent, seller's agent, designated agent, dual agent, and transaction broker — so you can pick which relationship fits you.

4. 4

   Step 4: You acknowledge the BD form (signing is optional but common), and the agent files a dated copy in your transaction record as proof they disclosed the relationship.

5. 5

   Step 5: Before the agent starts showing you homes from the MLS, you sign a separate Buyer Representation Agreement, which is the actual contract hiring them and setting their fee under post-2024 NAR settlement rules.

6. 6

   Step 6: If your situation changes mid-search — for example, you decide to consider a home your agent's firm also lists — the agent must update the disclosure (often through a new BD form or a dual-agency consent) before continuing.

Common questions