Dual agency seems like a bad idea

[Alesha Irvin]

I submitted an offer Monday evening via a letter (you know the letter to convince the seller to sell to you) to the seller using the listing agent. She said Monday that she sent it to the seller and someone else was going submit an offer. Tuesday she said someone else was coming to view the property so she was waiting to submit formal documentation. Wednesday she said the ppl who came Tuesday didnt want to make an offer. The agent JUST sent over the sales contract&dual agency agreement last night. I don't feel like I'm getting the best representation.

I'm in Mississippi (MS), is it too late to go get a buyers agent? 

To make it more difficult, this property was inherited so the property disclosure is blank and its an older home. built in 1920. 

[Charlie MacPherson]

@Alesha Irvin  This can get sticky.  First, disclosed dual agency means that the agent is no longer working in the best interest of each party as that's logically impossible.  They cannot simultaneously work to get both parties the best possible deal at the same time.  So you're right - you're not getting the best possible representation.

At this point, you can get a buyer's agent.  However, the seller's agent may push back - and there may be a fight over commission as the seller's agent will have a claim to both buyer and seller commission because they can claim that they're the "procuring cause" of the sale.  Procuring cause is defined as an unbroken string of events that leads to a sale and is the rule applied to these kinds of commission disputes between agents.

Ideally, that fight takes place outside of their dealings with you.  However, if you sign a buyer's broker agreement that guarantees that the buyer agent is paid commission, and that buyers agent loses the procuring cause fight, you could potentially be on the hook to pay the buyer's agent, so clarify that up front.

As to the lack of disclosures, that's a risk, but one that you can mitigate with a home inspection.  Homes that old are subject to all sorts of issues ranging from knob & tube / fuses to shrunken cedar posts supports to ancient plumbing, so the inspection is not only key, it will also be a way to negotiate pricing down post-inspection. 

And, by the way, post-inspection negotiations are a place where a dual agent really works against you because you don't have an agent working on your best interest.  By definition, their loyalties are divided.

Good luck!