Is the buyer represented by his/her own agent, or is this a “dual agency” situation?  This is one of the problems I have with dual agency.  Representing both buyer and seller in the same transaction creates a serious conflict of interest as far as I’m concerned.  An attorney who attempts to represent both plaintiff and defendant in the same matter would most certainly be guilty of malfeasance and subject to disciplinary action, but in most states, this lack of bifurcation with respect to real estate transactions is not only permissible, but encouraged.

Sorry I went so far afield here, but I’m just asking in order to clarify my thoughts on this.  In answer to your original question, I agree with you in the sense that since the agent in your scenario is acting on behalf of the seller, the credit should be considered part of the seller’s concessions.  I think the dual agency thing is how they get around it.

Regards,
Scott Perry