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Home Buyer: Negotiation and Communication
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. The results of a poor agreement often return
to haunt the parties after closing. Many of our real estate
clients have been experienced negotiators in other industries,
and we have learned from their skill and experience. Review
these tips as you prepare for the purchase of your home.
What do you want to achieve in the negotiation?
The first step in getting what you need is simply to let the
seller know - in a clear and reasoned way. For most people, the
highest priority is the price they will pay for the property.
The best way to establish this is by a market analysis of the
neighborhood. Set an offering price range that makes sense.
Knowing your range allows you to balance the price with other
needs. Your interests might include:
Buying at the lowest price possible. Setting a closing date that
meets your time frame.
Settling any repair issues fairly.
Having your concerns heard and addressed.
Locking in an acceptable mortgage loan rate.
Clearing any title or survey issues that come up.
Completing your relocation and job change process.
Getting your family settled into a home and neighborhood.
Forging a good working relationship with the seller.
Having no future problems after closing.
Is an adversarial or cooperative approach more effective?
Effective negotiation does not result from stubborn demands.
There is nothing more destructive to the negotiation process
than combative behavior. Professional negotiators try to
preserve the relationship between the principals. The goal is to
avoid an impasse in which neither seller's nor buyer's goals are
met. In many cases, the contract negotiation process begins with
some initial distrust between buyer and seller. Effective
negotiators move in the direction of trust as quickly as
possible.
In preparing your offer, let the marketplace establish your
price, while remaining very complimentary of their home. Buyers
sometimes submit a letter to the seller pointing out
deficiencies and explaining why their house is not worth what
they are asking. This will always backfire and start the
negotiation off with a defensive seller. Sellers have an
emotional attachment to their home, and will have a strong
negative reaction to a critical buyer.
How do you handle an adversarial strategy by a seller or agent?
You may find that you have to work with a combative seller or
agent. Their strategy may include: defensive arguments,
emotional statements, snide remarks, threats to terminate, ego
involvement, and stated positioning. Creative solutions are
difficult to find in this environment. Good control over your
own emotions is critical when working with a combative style
negotiator. Here are some pointers:
Do not argue. Arguing will position them more strongly and drag
the negotiation off course.
Do not respond emotionally. An angry or defensive response will
escalate the negotiation into a no-win battle.
Do not accept or reject their arguments. Listen and show that
you understand their points.
Accept the fact that strong emotions are present. Strong
emotions arouse fear and anger in others. They may be a
negotiation tactic.
Avoid an "us-against-them" strategy. Attach cover memos to your
responses in order to communicate with the seller and break down
barriers.
Show that your proposals were not been made unreasonably. Firmly
anchor pricing, repair requests and other points to outside
data.
Be careful not to allow hazy proposals to stand. Put everything
in writing. An emotional negotiator will often produce an
unclear agreement.
Make your offer as attractive to the seller as possible. Look
for ways to meet their underlying interests.
Offer some wins on some of the terms. Face saving is important.
Do not try to win every point.
Keep your long term goals in mind. The seller may have a
beautiful home that meets your needs.
Is every point in the contact negotiable?
Yes. However, one of the most effective ways to come to an
agreement is to rely on accepted norms when possible. For
example, it is common practice in our area for the seller to pay
for the title policy, and buyer to purchase the survey. Using
consistent standards reduces the need to haggle over every
point. However, every term in a contract can be used to help
structure the deal. By trading off, both parties can come closer
to getting what they need. How do you move in the direction of
"trust"?
Keep in mind that contract negotiation is a sensitive area, and
anxiety can be high. All parties are under pressure, with future
plans at stake. It is possible that the buyer or seller may have
had a previous bad experience. Acting with integrity does not
mean that all cards have to be put on the table. It is not
proper to discuss your personal strategy or needs. A high level
of trust raises the level of cooperation between the parties and
forwards the negotiation. The seller will be much more
cooperative if the he feels that the buyer and agent are acting
with integrity. Here are ways to develop trust:
Listen and understand what the seller has to say.
Express appreciation for the seller's home, gardens, decorating.
Respond within a reasonable time to counter offers.
Reassure the seller of your ability to close.
Reveal some personal information about yourselves.
Finding common ground with the seller can be a very powerful
tool in the event of multiple offers. Sellers often choose their
contract for personal reasons. For example, the buyers reminded
them of their own family when they moved in with young children.
Or, they were of the same religion. Or, the new owners would
care for their gardens or feed the birds.
How much leverage do you have?
A crucial part of your strategy in a negotiation is an accurate
perception of the real estate market. You must know the
underlying market condition. If you are in a sellers' market you
must act quickly, and be willing to present an offer at the top
of the range. This is most important if the home is in a hot
area and has strong appeal. If the seller has multiple offers,
you must make your very best offer up front.
In a buyers' market your prospective home may have been on the
market for months. There may be a small buyer pool for the home
because of economic conditions or due to repair or updating
needs. In this case you have a lot more leverage than you would
with a new listing. Some knowledge of the sellers' needs may
help you improve your leverage. If you can meet some of their
needs you have gained leverage for a lower price.
It is important to make your offer as straightforward as
possible. Contingencies will reduce your leverage for a lower
price in a buyer's market, or for any consideration in a
seller's market. Be proactive about showing the seller your
desire and ability to close. Here are some possible contract
contingencies: 1. Contingent on sale of your home: Usually, the
seller will not accept a contingency to find a buyer for your
home. It is more likely to be accepted if your home is under
contract. Attach a copy of the contract and status report. 2.
Contingent on inspections: In our area this is covered by an
option period. Keep the option time within accepted norms. This
contingency can be removed to strengthen your offer. Do this
only if you are knowledgeable about the property condition.
3. Contingent on financing: Strengthen your offer by obtaining
credit approval. An approval letter with your offer improves
your leverage, and is crucial in multiple offers. If you are
making a cash offer, get a letter from your banker stating that
the resources are available.
How much under list price should you offer?
Unless there is a strong seller's market, buyers usually offer
less than list price. Establish your price by a market analysis.
It is usually counter-productive to offer so low that the seller
will automatically reject the offer. This will set a negative
tone from the beginning. In a recent deal the seller responded
to a low offer with an above-list-price counter.
How are multiple offers handled?
The listing agent and seller will decide how they will handle
multiple offers. They may disclosure to all parties, or
disclosure to none, that multiple offers have been received. 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. This can have a negative result by creating
distrust of the process by all parties, and possible loss of the
buyers. 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. When all are received, the seller
will review the offers and choose one to work with.
About the author:
Roselind Hejl, CRS, is a Realtor with Coldwell Banker United in
Austin, Texas. Her website - http://www.weloveaustin.com - offers a
wealth of knowledge about the City of Austin, homes for sale,
real estate market trends and buying and selling tips.
Top 25 Residential Agents - Austin Business Journal
Roselind Hejl
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