Hi Paul,

We ought to be a little cautious here in concluded intentions, I am almost certain that there is another side to this story. And, I cannot imagine that an agent would not check the disclosure/disclaimer statement for latent defects, etc! Further, Eric was saying something about that another counter was made on the second day and never in detail explained when the original offer was submitted. Was that new $820 price an official counter? There are to many agents here willing to make judgements without the entire info resulting in a possible lawsuit/complain against that agent. There may be no cause just a lack of info provided by the buyer. I found your reply appropriate and fact finding but that is the difference between an agent and a broker as we know.

We do realize this is a two year old thread.....??

Hey this is an easy one to moderate! Noone ever posts here for some reason. Lets come up with something new to talk about!

Seller's disclosures are available to anyone who wants one. There is no stipulation of having a submitted offer.

Now it's a 4 year old thread. lol

Oh well - info is still helpful to any readers who stumble upon it.

I'm guessing that the OP discovered that their agent did NOT lie. Otherwise, he/she would have been back here with all of the on-going details. Maybe THAT is the lesson to be learned here.

In Indiana most Realtors put the sellers disclosure on the BLC as an attachment. Competing offers will always make a buyer suspicious. You must weigh all the possibilities and make your best judgement.

Where I work, the buyer does not get the disclosures until an offer is accepted. So, to know about any disclosed defects in the property wouldn't come until after acceptance. The buyer can back out once they are aware of the defects if they would like.

Doesn't that tend to waste the time of a LOT of people ?

What's the philosophy behind delaying the inevitable ?

In my MLS it is now mandatory to post the disclosure as an attachment to the listing. Works for me!

I'm in full alignment with Paul Oaks here. A diligent buyer's agent will/should go through the sellers' disclosure with their buyers, and the agent should also help the buyers review the inspection report results so proper repairs and/or price adjustments can be made. From what you describe, although I can sense your disappointment with your agent, it doesn't sound like your agent did anything in gross violation of her fiduciary duties. Of course, this is only my humble opinion and not legal advice. I wish you all the best.

Some issues in Real Estate are timeless; but these Buyers raised this matter over 5 years ago; so I'd imagine that it has been laid to rest by now.

Moot as it might be; it's still good fodder for academic purposes . . . . but I doubt that we'll ever hear the final resolution.

I like the idea of stringing this along with two or three posts per year...could be the shortest longest thread we've ever had going.

a good selllin agent will get as much info as possible from the listing agent and share it with her client. the only way to sue is to clearly show that something unethical ocurred or you were represented poorly.

Don't ever assume that your broker is working for you unless you've got a signed Buyer Representation Agreement.

Furthermore, the majority of brokers work for sellers and buyers. And as a result haven't sharpened their skills as a true buyer preresentative.

In addition to the basic services usually provided in a real estate transaction, we provide the following services to our clients:
Evaluate the specific needs and wants of the buyer and locate properties that fit those specifications.

Assist the buyer in determining the amount that they can afford and show properties in your price range and desired locale.

Assist in viewing properties and either accompany the client on the showings or preview the properties on behalf of the client to insure that the identified specifications are met.

Research the selected properties to identify any problems or issues to help the consumer in making an informed decision prior to making an appropriate offer on the property.

Maintain client confidentiality of specific client information, including bargaining information.

Advise the client on structuring an appropriate offer to purchase the selected property.

Present the offer to the sellers agent and seller on the clients behalf.

Negotiate and promote your best interests to obtain the identified property at the best price and terms.

Review and explain all legal documents to their buyer client.
Recommendations and assistance in securing appropriate financing for the selected property.

Provide a list of potential qualified vendors e.g. movers, attorneys, carpenters if these services are needed.

Most importantly, the buyer knows that they are fully represented throughout the entire real estate transaction.