@Account Closed I may not have clarified myself in the OP. This is NOT a counter offer. The owner had his agent re-write the offer as he only wants to pay 3% commission on the deal. I have been renting this place from the seller, he finally agrees to sell it to me, so I proposed we do this by owner and through our attorneys.
At that point, he then asked if it was a cash deal or if I would be getting financing. When I told him financing, he then enlisted his agent and told me to talk to his agent. At this time, I contacted my agent and submitted an offer. That is why I got my agent involved, he enlisted his agent first.
It was at this point that my agent was contacted and was told that they wanted to raise the price to cover her commission. She politely refused to accept that they were going to raise the price to cover her commission so the owner decided to have his agent re-write the PSA leaving her out of the deal to avoid paying her commission.
The offer is basically the same with the exception of the low appraisal addendum which I am ok with. I just found it odd that the owner's agent is presenting me with a PSA rather than me submitting it to them. By the way, my agent has indicated privately to me that she will review and assist in the transaction as she is a personal friend.
I found this writing here, how does this apply to my situation:
"unless a broker has a written agency agreement with the seller, broker represents the buyer. If a broker shows homes to a buyer, with or without a written Buyer Agency Agreement, broker represents the buyer. However, if the Agency Law is revised, that buyer’s broker will instantly become the exclusive agent of the seller as soon as broker shows the buyer a property that broker has listed—unless broker also has a written agency agreement with the buyer."
Any advice here?