Dual Agent Disclosure to Sellers Attorney

St. Louis, Missouri
We are curently trying to get the seller to take financial responsibility on repairs that are a result of his lying on his disclosure. We sent him a letter informing him that we will seek legal action if the problem isn't satisfied. We just recently received a letter from his attorney saying that because we did not bring up the problem 15 days after we signed the sales contract, that we bought the home as is. Although an attorney for us said that this was not the case, we know this is a legal move on the part of the seller to try and get us to stop all actions. However, reading the letter from his attorney, many things where mentioned about us that only the dual agent knew.We where under the belief that the dual agent had the same responsibilty to protect our rights as those of the seller. Can we make a case against the agent for disclosing to the sellers attorney facts that should not have been mentioned to the seller? And what recourse do we now have?

[HomeGuru]

Have your attorney name both the Seller and the real estate agent as Defendants in your complaint.
You have a misunderstanding of dual agency. The real estate agent for the Seller is the agent of the Seller and NOT your agent. I repeat, the agent is NOT your agent. You had no agent. You were merely a customer under the guise of a dual agency agreement.
The agent had allegiance and fiducuary duty to the Seller but also had standard of care duty to you as the Buyer.
Do some research on this issue with the National Association of Realtors.
Check out also the Realtor Code of Ethics. [url]http://www.nar.realtor.com[/url]

The attorney for the Seller is full of BS and is giving you a load of crap.

I just wanted to thank you for your help. I got an attorney today who informed me that not only was the seller liable for the basement problem, but that the agent actiong as a dual agent and her broker where negligent in the excercising of their legal responsibilities. I can according to my attorney sue for punitive damages. You where right on target and I thank you.

[HomeGuru]

You are welcome.