First, I have to tell you, the transaction I'm going to describe is long over. That's an important note to this transaction... it's not ongoing.
I represented the buyer, and we had agreed on a purchase price, the contract had been ratified and "delivered". All God's chilluns were happy.
I received an email from the seller's attorneys... with an introductory message: "Hello Mr/Mrs. Seller, we are your attorneys... please review the documents attached, which explain the process... blah, blah, blah"... and continues to give the seller the attorneys names, contact number and emails.
I figure that they've included me, the buyer's agent, on the distribution list, as a courtesy, so that I have all the attorneys names/contact information to pass along to our attorney
We conduct our inspection, and we find quite a few issues to talk about... we send our inspection request from our atorney to theirs... (I also call the agent to bring her up to speed). I see our attorney's letter go out ... and almost immediately thereafter I see an email go from their attorney to the seller telling them "here are the inspection requests/issues from the buyer... please review... blah, blah, blah."
I have, once again, been included on the distribution list. Clearly they don't realize they are providing solace to the enemy. Now I have a conundrum. I am now privy to information I should not have. Negotiation information that I should not have as to their strategy.
Ethically, I should call the listing agent to tell them... "hey!..." so they can do some damage control. But my ethical conundrum goes farther than that. My fiduciary duty requires me to share any information I learn with my buyer". Ruh-roh, indeed.
Fast forward... Fortunately, the sellers simply accepted our inspection request in toto. I didn't have to bring what I had discovered to bear. But I'll tell y'all. I was feeling a little dirty.