I am a San Diego Appraiser and you are right. I have witnessed first hand where the first offer on a home is often times the best offer the seller is going to get, for the simple fact of declining markets. I lost count a long time ago of how many times an appraisal came in below the contract price. These sellers are wondering if the market is really as the news says it is or if the Appraisers are full of it. Personally, I do not think I am full of it. hehe

You are right. I completely glossed over (missed) that little factoid. Ah, the dual agency debate rears its ugly head! I still hold that it can be done and done well, but only under certain, rare circumstances. Dual agency, at best, is an art form and usually involves brain damage.

Perhaps I’m reading the first sentence wrong, so if I am, just toss this in the proverbial can.

“My agent represents the buyer and the seller.”….. If this is dual agency, then in addition to your instruction to this seller vis a vis contingencies, it looks like a case that weighs against this often ruffled real estate practice. If this dual agent acted with lack of care on behalf of her seller, actively or inactively protecting the buyer by not requiring a Notice to Perform, then the system let her downl.