Recently, I made an offer on an apartment property that I found in LoopNet.
It advertised a twelve cap, a remarkably good return, and invited the viewer to "put it in escrow". I drove the property, and liked the neighborhood. I noticed the place needed work (which is what I am looking for). I planned on buying it and fixing it up for my own investment.
I called the agent shown in the ad (in Los Angeles, about 100 miles away), introduced myself, and asked for him to send me some information. He answered his phone on speakerphone, sitting in a restaurant. He said he was in a "meeting", and that the property is in escrow.
Over the next week, I looked at other properties, and came back to the LoopNet ad. No mention of "in contract", and I drove it again and liked it, again. I wrote an offer and called the agent again. I asked him for his email or fax number, and told him I would submit an offer.
He ultimately hung up on me, refusing to listen to me or give me his contact info (only his phone number was shown on LoopNet). I was taken back; this had never happened to me in commercial real estate. I called his office manager and asked for information, including the fax number and his broker's contact info. She hung up on me.
Later I got an insulting email from him, so at least I had his email address. I sent the offer, with a nice cover letter to the seller shown in the County records, telling them about myself and my intentions with the tenants and the city, to be a good buyer and owner.
This raised an issue in my mind: what if the listing agent is blocking offers and refusing to answer questions? I found a court case:
....a 2010 case in California court, Holmes v. Summer, 188 Cal. App. 4th 1510, 116 Cal. Rptr. 3d 419 (4th Dist. 2010). The seller’s broker has a duty to disclose to a buyer, even before escrow, any conditions which might preclude transfer of title. The decision of the Court says, “although the seller's agent does not generally owe a fiduciary duty to the buyer, he or she nonetheless owes the buyer the affirmative duties of care, honesty, good faith, fair dealing and disclosure. . . as well as such other nonfiduciary duties as are otherwise imposed by law.”
I later received my offer, crossed out, and rejected by the "seller", sent back to me.
So here's what I learned: there are poor real estate agents around. Be careful with the people you hire. And I owe people a duty when I have a listing to deal fairly and honestly. And there's a difference between a commercial agent and a home salesperson who tries to represent commercial property.

