Confused about what is a buyer's agent...

and to add to that...

it was discovered that there is a manufacturing defect on the home's window seals--practically all of them have broken seals. is it too much to ask the seller to lower the price so that we can have those fixed, even if we halved the expenses? i just dont want to deal with bad windows right when i first buy the house. there are other things i'll need to do, like paint and carpet (those are not in good condition either).

in my opinion, you have every right to ask the seller to go in 1/2 with you to get the seals repaired.  i'd ask your realtor to be more specific as to what she means by the statement that they aren't making anything from the sale.  and even if they aren't making anything, they might be motivated to get out of the house even if it means paying something to repair the seals.  i would find out how much it's going to cost to fix this and definitely ask for 1/2 from the seller.

Chiuahua,

Ultimately it depends on what state the property is in and what, if anything, you've agreed to with "your" agent.  There's also potentially implied agency, verbal agreements are acceptable in some states, etc.

Did she explain the agency laws to you?  Are you sure that she is supposed to be representing your interest?  Unless you fully understand this then you should assume that she is representing the sellers interest and not yours.

What if the seller gets offended and decides not to sell the house after all? the inspection contingency is for the buyer, right? could the seller back out on me now?

Chiuahua,

In response to your question about buyer's agents and buyer brokers, feel free to read some information about buyer's agents a the following link.

http://buyerbroker.brentscott.net

Regarding the inspection contingency... the contingency is designed to protect BOTH the buyer and seller.  It protects the buyer from purchasing property that is in a less-than-acceptable condition which the buyer was unaware or uncertain of at time of the offer.  Once a home inspection is done, then you as a buyer can review the deficiencies, and make a decision as to whether or not you want to continue with the purchase.  REMEMBER... the HBI contingency USUALLY has a very firm time limit, so don't ponder too long.

As for the seller... many real estate professionals have begun establishing an amount for repairs that the seller agrees to in the initial offer.  If the home inspection is done and there are a significant number of repairs, or if the buyer insists on nit-picking every deficiency, then the HBI contingency can guard the seller from having to pay an exorbitant amount of money to have ALL of the deficiencies fixed.

I hope this information helps.

Sincerely,

Brent E. Scott

The "BESman" in Real Estate

chihuahua:

A good and ethical agent working for a buyer does not care about the commission amount. If I save you $10K the difference before taxes on a 3% fee is negligable and willmore than be recouped on the referal you make to your friends, family co-workers etc if you are happy.

As for the home inspection contignecy, you have the right to ask for anything you want and the seller has the right to say yes or no to any or all of your requests. Of course you do not have to proceed to settlement if they say no to anything.

One of the tricky/sticky things about home inspections as touched on by TheBESman above is making your offer based on the clearly visible defects. If I had been your agent and the broken seals where obvious (and they usually are) I would have suggested making the offer based on you doing the work.

Another thing I prefer to arrange is credit for repairs rather than having the seller make them. If the estimated cost for repairng items is $1500, the seller pays this towards your closing and you have the work done to "your" satisfaction after you own the home.