buying gems from Siosa gives gems that aren't level 1?

[Murphy's Lawyer]

the gems all seem tobe about the level of my current highest leveled gem? is that how it works? or will they switch to level 1 if i buy it?

[Tycen]

yup the skill gems scales according to the in-game character's level. If you wish to get a level 1, you may use this vendor recipe. (eg; Storm Call (Skill gem) + 1 x Orb of Regret) to make it Level 1.

Or if you only wish to reduce 1 level, use 1 x Orb of Scouring instead of Orb of regret.

[The_Driver]

They are sold as advertised. If you need it at level 1, you can downgrade via vendor recipe (sell together with an orb of regret).

The level of the gems depends on your level and the difficulty you try to buy from.