Legal Question in Real Estate Law in California

Re: Obligation of Seller's Agent re Purchase Offer

You have found yourself in a "sellers' market. Your "buyers" agent should have had you sign a agency disclosure form that shows who she represents - you, the sellers, or both. In a standard MLS listing this agent by law would represent the seller first and not you. However, she must disclose everthing she knows or should have known about the property except that the seller is willing to take a lower price. She would have to of had listed the property or someone in her office would have to of had listed the property for them to get a double commission and she would get one from you regardless. The fact that a broker has listed a property must also be disclosed to any potential purchasers. A broker also has a duty to present any offer unless strictly ordered not to present offers. This also would have to have been disclosed in the listing agreement and to you as a potential purchaser.

If any of these are facts and were not disclosed in writing to you, you may have some leverage with the agent that could be used to enable you to negotiate more favorably with the sellers. This type of negotiation requires excperience and expertize. If you did not sign a buyers-broker agreement with your agent, you may wish to talk to some other Realtors or an attorney about representing you. Brokers that represent buyers are rare. You need someone that will keep you informed and represents only you. Good luck.