Bill would require written buyer-agency agreements before agents show Missouri homes

Representative Chris Brown, the sponsor of House Bill 596, told the Missouri House committee that the bill is a compliance measure to align state law with the court ruling in Burnett v. National Association of Realtors and to require a written buyer-agency agreement before a real estate agent shows a prospective buyer any homes.

Brown, District 16, Kansas City, said the bill’s change is narrowly drafted: it strikes the words "or while" from a statutory sentence that currently allows a buyer-agency agreement to be entered "before or while" an agent is engaging in enumerated acts. "So now instead of or while... we're gonna do it on the front end before we go out and look at houses," Brown said, summarizing the text of House Bill 596.

The bill sponsor framed the proposal as a transparency and liability-reduction measure for both buyers and licensees following the national class-action settlement. "This bill is a compliance bill," Brown said, explaining that the change responds to court-driven procedural shifts affecting buyer agency and realtor compensation.

Jason Zamkes, a registered lobbyist appearing for the Missouri Association of Realtors, testified in support. "It provides additional consumer protection so buyers know what they're getting into before they're shown that first home," Zamkes said, and added the change would also "insulate real estate professionals in our state from potential future litigation risk." He told the committee the written agreements likely would include termination clauses and that, in practice, most buyer-agency agreements would be exclusive so the contract can serve its purpose.

Committee members asked technical questions about scope and terminology. Representative Hinman asked whether the change — which references a "designated broker acting as a single agent" — leaves any groups out; Brown replied that the language is specific to buyer agency and that corresponding sellers-agency language is being treated uniformly elsewhere in the bill. Representative McGurrell asked whether a buyer could terminate an exclusive agreement; Zamkes said "the contract terms would govern those situations" and that termination clauses typically define rights and responsibilities.

No one testified in opposition, and the committee concluded the public portion of the hearing on House Bill 596.

The hearing record contains no committee vote on passage; the bill was presented and received supporting testimony during the hearing.