Missouri guide

Missouri Dual Agency: Written Consent Requirements and Practical Limits

In Missouri, dual agency happens when one agent — or one brokerage — represents you and the seller in the same deal.

Reading as buyer.

TL;DR

In Missouri, dual agency happens when one agent — or one brokerage — represents you and the seller in the same deal. State law says you have to give written consent before that arrangement starts, and a dual agent cannot share things like the seller's lowest price with you. If the brokerage has more than one agent, designated agency is usually a better setup for you because each side still gets its own advocate.

Before you start — 8 things to know

Dual agency in Missouri means the same agent represents you and the seller in one deal. You must sign a written consent form before this can happen — a verbal okay is not enough under section 339.760 RSMo.
A dual agent cannot tell you the lowest price the seller would accept. The agent is stuck in the middle and cannot push hard on price or terms for you in negotiations.
The Brokerage Disclosure Form required under section 339.770 RSMo must be updated to show the dual agency relationship. Make sure the version you sign reflects that new status before you keep negotiating.
If the brokerage has multiple agents, you can ask about designated agency under section 339.758 RSMo. In that setup, one agent stays loyal to you while a different agent stays loyal to the seller.
Written consent to dual agency is only valid in Missouri if it is informed. The agent has to explain in plain language what they can and cannot do for you before you sign.
A dual agent cannot give you negotiation strategy that hurts the seller. That includes coaching you on how high you would go on price or how hard to push on repair credits.
Since the 2024 settlement, buyer agent compensation has to be spelled out in writing in your buyer representation agreement. If the same agent also earns from the seller in a dual agency deal, that double payment must be disclosed there and on the Brokerage Disclosure Form.
You can refuse dual agency in Missouri. If you are not comfortable signing the consent under section 339.760 RSMo, ask the brokerage to assign a different agent or use designated agency instead.

The timeline — step by step

You sign a buyer representation agreement with a Missouri agent. The agent gives you the Brokerage Disclosure Form under section 339.770 RSMo showing they represent only you.
You find a home that is listed by your own agent or by someone else at the same brokerage. Before showing or negotiating further, the agent must stop and explain that dual agency would apply.
The agent gives you a written dual agency consent form. Read it carefully and ask exactly what the agent will no longer be able to do for you in the deal.
You decide whether to sign the dual agency consent. You can say no and ask for a different agent or for designated agency under section 339.758 RSMo, which keeps separate advocates on each side.
If you sign, the Brokerage Disclosure Form is updated to reflect dual agency. From this point on, you and the seller share the same agent.
You make an offer through the dual agent. The agent will not tell the seller your top price and will not tell you the seller's bottom number.
Negotiations on counteroffers, repairs, and credits move through the same agent. Big strategy decisions like how high to go are on you because the agent cannot pick sides.
You close on the home. Compensation paid to the dual agent from both the buyer and seller sides appears on the closing statement and was disclosed up front on the Brokerage Disclosure Form.

Common questions

Can my buyer agent in Missouri also represent the seller in the same deal?

Yes, but only if you and the seller each sign a written consent before the dual agency starts. Missouri law under section 339.760 RSMo requires informed written consent — a verbal okay does not count.

What can a dual agent in Missouri not tell me as the buyer?

A dual agent cannot tell you the lowest price the seller will accept or share the seller's negotiating strategy with you. They also cannot advise you on how aggressively to push on price, repairs, or closing credits.

Do I have to agree to dual agency if my agent also lists the home I want?

No. You can refuse and ask the brokerage to assign a different agent to the listing side, or to use designated agency under section 339.758 RSMo so each party keeps its own advocate.

How does the [[NAR]] settlement change dual agency for buyers in Missouri?

Buyer agent compensation now has to be in writing in your buyer representation agreement. In a dual agency deal where the same agent earns from both sides, that arrangement must be clearly disclosed in your buyer agreement and on the Brokerage Disclosure Form.

Is dual agency the same thing as designated agency in Missouri?

No. In dual agency, one licensee represents both you and the seller at the same time. In designated agency under section 339.758 RSMo, the brokerage assigns different individual agents to each side so you still have your own advocate.

What paperwork shows that dual agency is in place in my Missouri deal?

The Brokerage Disclosure Form required under section 339.770 RSMo must be updated to reflect dual agency, and a separate written consent must be signed by both you and the seller before the relationship begins.

Glossary

1 term

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.

Sources

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