Quite frankly, who cares what your real estate agent wants to do? Get that agent to put it in writing that she doesn’t want to put your offer in on the house. That way she can’t come back later and say that she is owed a commission because she originally showed the house.

She can put the offer in as assignable so that the seller would not know who the buyer (you) is. That might be the preferable way to go with your history.

But, as I said before, who cares what your real estate agent wants. She should have your best interest at heart…40k less sounds like a better deal for you.