A Realtor is required to abide by the Realtor Code of Ethics. This requires them to deal honestly with all parties. All real estate agents are not Realtors, members of the National Association of Realtors. You probably won't be able to get any kind of confirmation form as the listing agent for the property has a fiduciary duty to the client and disclosing any kind of information about the offer may not be in the clients best interest.
I was surprised with your comment "The realtor represents the seller, no?" You should have signed an agency disclosure form the first time you met with an agent that discloses who they are working for. An agent can work for the buyer or seller. Did your agent explain this to you and did you sign a form? To see what the form looks like you can go to the NY DOS site at
http://www.dos.state.ny.us/lcns/realestate/pdfs/1736.pdf and take a look.
Bottom line is if you like the property and want to purchase it, put in your offer. Many agents representing a seller, myself included, would go back to both potential buyers and ask them to submit their highest and best offer and make a decision. Also keep in mind the highest price is not always the best offer. Sometimes the terms can make a deal. If a seller wants to close right away or needs a few months it may be in your favor if you can be flexible. Typically higher down payments also make the offer look better because there is less chance a mortgage won't go through because of an appraisal. Talk to your agent and try and make the most attractive offer.
Good luck,
Don
http://www.nyhomeseller.com - Sun May 11 2008, 04:00