You would only have an obligation to a RE Agent if he/she brought the house to your attention or noted it for you as a possible purchase. Yes, you and the seller can agree to just about anything, but don't get stuck with something that a buyer doesn't normally take care of, and don't overlook something that may not appear to be a problem "to the untrained eye".
We bought our first home in California (1980's!) through FSBO, and were fortunate that the sellers were honest and trustworthy.
We bought our home in TV with a RE agent who represented us as buyers. We then sold our (second) home in California using a RE agent for us as sellers. In both cases, the agent has fiduciary responsibilities to ensure you have full knowledge of the home, itself, and what is normally your responsibility or the seller's responsibility, among other things. Avoiding RE pitfalls can be very valuable, and our hard working RE agents have definitely been worth their commission.
Also, a RE agent for TV will have very good "local" knowledge about the homes, requirements to position you advantageously with insurance (newer roof), what is typical for different neighborhoods (plumbing?), what the problems are in an area, etc. A RE agent is REQUIRED to disclose these things, and will provide information on your options and advise when requested.
We were going to sell our California home ourselves and we were so glad we used a RE agent. The agent warned us about poor risk buyers and some buyers with a history of pulling out of the deal at the last possible moment, with sellers not able to keep the earnest interest money (fighting it legally would have slapped a lien on the house and prevented selling it in a timely manner), and other things we could not have known except through unfortunate experiences (which we're glad we didn't have to endure). On the flip side, in your situation, if you learn of something at the last moment that makes you decide not to buy, especially if it was not communicated to you by the seller, then will your funds be returned to you?
For us, the peace of mind was unquestionably worth it. (Paul Brady 352-753-2270 was our TV RE agent, representing us as buyers. I highly recommend him.)
Good luck with your purchase!
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