Category: Finance, Real Estate.
The goal in a real estate negotiation is to reach a good agreement- one in which the underlying interests of both buyer and seller are met. Many of our real estate clients have been experienced negotiators in other industries, and we have learned from their skill and experience.
The results of a poor agreement often return to haunt the parties after closing. Review these tips as you prepare for the purchase of your home. The first step in getting what you need is simply to let the seller know- in a clear and reasoned way. What do you want to achieve in the negotiation? For most people, the highest priority is the price they will pay for the property. Set an offering price range that makes sense. The best way to establish this is by a market analysis of the neighborhood.
Knowing your range allows you to balance the price with other needs. Setting a closing date that meets your time frame. Your interests might include: Buying at the lowest price possible. Settling any repair issues fairly. Locking in an acceptable mortgage loan rate. Having your concerns heard and addressed. Clearing any title or survey issues that come up.
Getting your family settled into a home and neighborhood. Completing your relocation and job change process. Forging a good working relationship with the seller. Is an adversarial or cooperative approach more effective? Having no future problems after closing. Effective negotiation does not result from stubborn demands. Professional negotiators try to preserve the relationship between the principals.
There is nothing more destructive to the negotiation process than combative behavior. The goal is to avoid an impasse in which neither seller's nor buyer's goals are met. Effective negotiators move in the direction of trust as quickly as possible. In many cases, the contract negotiation process begins with some initial distrust between buyer and seller. In preparing your offer, let the marketplace establish your price, while remaining very complimentary of their home. This will always backfire and start the negotiation off with a defensive seller. Buyers sometimes submit a letter to the seller pointing out deficiencies and explaining why their house is not worth what they are asking.
Sellers have an emotional attachment to their home, and will have a strong negative reaction to a critical buyer. You may find that you have to work with a combative seller or agent. How do you handle an adversarial strategy by a seller or agent? Their strategy may include: defensive arguments, snide remarks, emotional statements, threats to terminate, and stated positioning, ego involvement. Good control over your own emotions is critical when working with a combative style negotiator. Creative solutions are difficult to find in this environment.
Here are some pointers: Do not argue. Do not respond emotionally. Arguing will position them more strongly and drag the negotiation off course. An angry or defensive response will escalate the negotiation into a no- win battle. Listen and show that you understand their points. Do not accept or reject their arguments. Accept the fact that strong emotions are present.
They may be a negotiation tactic. Strong emotions arouse fear and anger in others. Avoid an" us- against- them" strategy. Show that your proposals were not been made unreasonably. Attach cover memos to your responses in order to communicate with the seller and break down barriers. Firmly anchor pricing, repair requests and other points to outside data.
Put everything in writing. Be careful not to allow hazy proposals to stand. An emotional negotiator will often produce an unclear agreement. Look for ways to meet their underlying interests. Make your offer as attractive to the seller as possible. Offer some wins on some of the terms.
Do not try to win every point. Face saving is important. Keep your long term goals in mind. Is every point in the contact negotiable? The seller may have a beautiful home that meets your needs. Yes. For example, it is common practice in our area for the seller to pay for the title policy, and buyer to purchase the survey.
However, one of the most effective ways to come to an agreement is to rely on accepted norms when possible. Using consistent standards reduces the need to haggle over every point. By trading off, both parties can come closer to getting what they need. However, every term in a contract can be used to help structure the deal. How do you move in the direction of" trust" ? All parties are under pressure, with future plans at stake. Keep in mind that contract negotiation is a sensitive area, and anxiety can be high.
It is possible that the buyer or seller may have had a previous bad experience. It is not proper to discuss your personal strategy or needs. Acting with integrity does not mean that all cards have to be put on the table. A high level of trust raises the level of cooperation between the parties and forwards the negotiation. Here are ways to develop trust: Listen and understand what the seller has to say. The seller will be much more cooperative if the he feels that the buyer and agent are acting with integrity.
Express appreciation for the seller's home, decorating, gardens. Reassure the seller of your ability to close. Respond within a reasonable time to counter offers. Reveal some personal information about yourselves. Sellers often choose their contract for personal reasons. Finding common ground with the seller can be a very powerful tool in the event of multiple offers.
For example, the buyers reminded them of their own family when they moved in with young children. Or, the new owners would care for their gardens or feed the birds. Or, they were of the same religion. How much leverage do you have? You must know the underlying market condition. A crucial part of your strategy in a negotiation is an accurate perception of the real estate market. If you are in a sellers' market you must act quickly, and be willing to present an offer at the top of the range.
If the seller has multiple offers, you must make your very best offer up front. This is most important if the home is in a hot area and has strong appeal. In a buyers' market your prospective home may have been on the market for months. In this case you have a lot more leverage than you would with a new listing. There may be a small buyer pool for the home because of economic conditions or due to repair or updating needs. Some knowledge of the sellers' needs may help you improve your leverage. It is important to make your offer as straightforward as possible.
If you can meet some of their needs you have gained leverage for a lower price. Contingencies will reduce your leverage for a lower price in a buyer's market, or for any consideration in a seller's market. Here are some possible contract contingencies: Contingent on sale of your home: Usually, the seller will not accept a contingency to find a buyer for your home. Be proactive about showing the seller your desire and ability to close. It is more likely to be accepted if your home is under contract. Contingent on inspections: In our area this is covered by an option period. Attach a copy of the contract and status report.
Keep the option time within accepted norms. Do this only if you are knowledgeable about the property condition. This contingency can be removed to strengthen your offer. Contingent on financing: Strengthen your offer by obtaining credit approval. If you are making a cash offer, get a letter from your banker stating that the resources are available. An approval letter with your offer improves your leverage, and is crucial in multiple offers. How much under list price should you offer?
Establish your price by a market analysis. Unless there is a strong seller's market, buyers usually offer less than list price. It is usually counter- productive to offer so low that the seller will automatically reject the offer. In a recent deal the seller responded to a low offer with an above- list- price counter. This will set a negative tone from the beginning. How are multiple offers handled? They may disclosure to all parties, or disclosure to none, that multiple offers have been received.
The listing agent and seller will decide how they will handle multiple offers. By disclosing that there are multiple offers, the seller is not" shopping your contract. " Shopping occurs when the seller discloses the terms of an offer to induce a buyer to submit a better offer. The standard procedure is to notify each potential buyer that there are multiple offers, and give each a chance to raise his offer by a certain time. This can have a negative result by creating distrust of the process by all parties, and possible loss of the buyers. When all are received, the seller will review the offers and choose one to work with.