The agents are not always privy to all every bit of information about a property.
This is a great question for your attorney. Easements should be disclosed up front because they have varying degrees of impact. I believe that all items can be dealt with they are known about up front and can be factored into the sales price. Best
Sounds like a job for a good real estate attorney.
This type of easement is not uncommon in smaller condo associations and may have very little impact on your actual use and enjoyment of the space, but no one likes to feel surprised or deceived. I highly recommend talking this trhough with a real estate attorney who can help you understand the pros and cons of such an easement.
Homebuying can be a stressful and intimidating process. Take a deep breath, get good advice, and proceed (or withdraw) with confidence.
Hope this helps,
as a general answer, the easement must be disclosed as it was mentioned on the remarks below, by the listing agent, if it was known to them. A few questions for you in reference to your approach.
a. you state "my agent, so you mean you buyer's agent or are you using the seller's agent as a dual agent?
b. Have you signed a P&S yet? c. Do you have an attorney working for you?
It is a personal decision.
It is the seller's responsibility to disclose all KNOWN material facts (which this is) to the buyer. In CA, this would have been included in the seller disclosures (which include disclosure completed by the seller, HOA documents if there is an HOA, Title, CC&Rs, etc.). Make sure you've read all disclosures you've received - this may have been on something you've received? In CA, we have so much paperwork with HOAs and CC&Rs many buyers don't read it all as it can be hundreds of pages. As for the seller's agent having to disclose, they only have to if the seller made them aware of the issue - it is ultimately the seller's responsibility to disclose known material facts as they are the ones who live in the property and the agent may not be aware of material facts since it is not their property.