Dual Agency - disclosing information to buyer?

[Cliff Harrison]

Hello All,

I am not an agent, but am looking for experienced agent feedback.  My situation is that I am under contract to purchase a mutli-family in Missouri.  I signed a dual agency agreement with the listing agent, who was already representing the seller. 

We have completed inspections, concessions were made, and the DD contingency has expired.  Approximately three weeks ago, a flood occurred at the property due to plumbing failure which affected two units.  Two tenants were displaced and moved to a hotel.  The agent was informed by the seller, but he (the agent) did not inform me (the buyer). I found out by good luck/accident.  One of the tenants is an army soldier stationed at the nearby military base, and I found out that the officer responsible for off-base housing was unhappy with the soldier getting a run-around from the property manager and promises made and not kept, and the officer has a negative view of the property from this and other complaints brought to him from military residents (at least 25% of residents are military related).  

My question at this time is - did the agent (dual agent) have an obligation to inform me about the flooding, at the time he was made aware?  Or did he have discretion not to, allegedly making a huge assumption that eveything would be fixed by the seller prior to closing (scheduled for three weeks from now) so no need to do so?  My thought is that disclosure is not optional, the agent should not make assumptions about what the client needs to know about, and especially about events that 'may' happen including repairs being done satifactorily to address conditions that change post inspection. Yes, disclosure could potentially hurt the seller (also his client) and, taken to an extreme, jeopordize the closing and his commission but that is the nature of accepting a dual agency role and of working as an agent in general. 

Let me know what YOU think, and thank you!