I just finished an interesting article in today's Los Angeles Times about negotiating the sale or purchase of a home and it got me thinking. 
The process most typically starts as a battle. The Seller generally wants to overprice the home because they "know" that the buyers are lining up to see how low they can go and how much they can get on top of that.
The Buyer is looking at every home as grossly overpriced and every Seller as desperate, so they are not going to spend one penny more of their hard-earned money than they need to.
The battle begins! How can this pattern be avoided?
The Buyer often wants to sit down with the Seller to tell them their life story and convince them of the justification of their offer. They are sure that the Seller is going to break down and meet their price. The Buyer and Seller should not meet. Negotiations should be at arms length through the agents, unless all avenues have been exhausted and the last resort is for the two parties to get together.
There is always the temptation for two agents to negotiate orally. This is a huge mistake. Everything should be in writing, because you can be sure something is going to be misinterpreted or missed, and come time for final agreement on paper someone is going to say that that is not what they understood or intended.
The article brought up an interesting point that when an offer is made, the Buyer is thinking of the house and the Seller is thinking of the move. As the counter offers start flowing then both sides start focussing on the money and forget about the house. And the more counter offers the less the house is in the picture, and the more personal it gets.
Better to give your bottom line early rather than lose the deal. If the Buyer asks for something, like a 60 day escrow when you want a shorter one, agree, but ask for something in return. This way the Buyer will not feel like they can ask for more. If you give in on the point the Buyer may think they can push for something else.
Also, if you can't agree on something, move to agree on everything else and come back to the one item, because you are moving things forward and not getting stuck on that one point and causing bad feelings.
The prevailing market will determine who has the upper hand in negotiations, but emotions should be taken out of the transaction. This is business. A battle is never going to have a good outcome. Someone is going to get wounded or killed!
Jane Peters, connecting you to the L.A. real estate scene
Buying or selling real estate in Los Angeles can be an overwhelming process. Contact Jane Peters, Los Angeles realtor specializing in absentee owners, out of town buyers, and those who need that extra attention, in order to make the transaction a smooth, trouble-free, and fun experience.
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This should go into my training manual fo rnew agents Jane! The whole time I was reading it I was thinking that I was going to comment about how emotions and hurt feelings need to be left out of negotiations; you beat me to it! You are a pro!
Vic, this whole business is riddled with emotions getting in the way of the transaction. It is difficult because it is after all very personal. I guess we all have to try and walk a fine line.
Jane, it should be but I have to tell you that the phrase "win-win" is the most over rated, abused buzz word I've come across in ages. Over time, it's been reduced to meaningless jargon...
Sorry, I completely agree with your premise but I am thinking I might have to do a post on the phrase as I have experienced it lately. Thanks for the post and have a great week my friend ;-)
I agree........conflict of interest to all meet at the same time...for very obvious reasons... We do not even sign at the same time.
Jane we must be on the same wave length. I actually started writing a similar post today, but didn't finish it. I think you've expressed my thoughts completely (that takes the pressure of to complete my post. thanks).
Russell, I will check out the win-win post. Looking forward to it :)
Sally, who knows, we may be wrong. Seeing a human being a the other end could change things. But then again.......
Charita, no finish it....... :)
Hi Jane-
The negotiation process becomes so emotional and so tiring for the parties. Staying away from masking ridiculous offers in one way to secure the Buyer's purchase before a great house gets away!
People! Ask your Realtor's advice!
--Sara in San Antonio
Sara, absolutely. The whole process gets taken way too personally when it is a business transaction.
"As the counter offers start flowing then both sides start focussing on the money and forget about the house. And the more counter offers the less the house is in the picture, and the more personal it gets."
Isn't that the truth? Our job is to keep our clients focused on the important issues and not let it get personal. But all clients bring their own unique perspective (baggage!).
Rich, ain't that the truth.
Good evening Jane,
Great post..negotiations don't have to be bitter drag out confrontation. Many times it is how an agent presents the offering process. I think we can all look at or presentations on the subject and feel we have room for improvement! Emotion needs to find a different seat in the process.
Dorie, yes, I think negotiations are a big part of our job. We too need to watch our emotions in the process. Ah ha, subject of another post :)
'Allo There !
Well I happen to always strive for Win-Win (and sorry Russell I like the term ;o)
I start with the win-win approach the moment I have an offer, and work extra hard to keep a great relationship with the other agent, so that the transaction is more of a joint venture than a 'your team versus my team' game.
Some great nuggets in here Janey ! Nicely put !!
Cheers :o)
Sheldon, thank you kindly.
This is a great post Jane. The last 2 offers I presented were accepted - no negotiations. Now, that's different. I'm in the middle of a negotiation now, if things get heated, I'll let them read your post:-)
Mary, I am sure you will be able to get it done without bringing out the big guns :)
Jane I meet people all the time with the attitude that your property isn't worth much but my stuff is special. I see them all the time.
John, then comes the negotiations :)
Sounds like it was a fantastic read, Jane! You are so correct that the house, which was the object of the whole thing, gets lost, tempers can flare, feelings hurt, etc...... This was some great advice of better positioning and how to make the negotiation process somewhat easier.
It is so much easier to get to yes when both agents go into it with that attitude, especially if they can also instill that into their clients. I like the idea of getting points of agreement out of the way saving the contention for last.
Leesa, it was a great reminder not to get lost in the details and focus on the main picture, the house.
Mike, that was a good one.
Your last line really summed it all up Jane, "A battle is never going to have a good outcome."
You've shared some great advice here. Thank you!
Craig, no, thank you :)
Very wise words. Most deals don't live past the 3rd counter offer so it should be avoided at all costs.
Mark, the article talked about if you get to the third counter the deal will probably die.
Jane, when they say it's not about the money...it's about the money, right?! On negotiations, I agree with keeping things moving in a polite forward motion. The strong-arming technique in our business, tends to backfire with a lose-lose.
Jane, I agree. It is important to make everyone feel that they are being respected.
Jane, thanks for the very well done post which is quite "rebloggable" which is what I'm going to do. Great advice for all parties.
Hi Jane,
It's amazing how the house gets lost in the shuffle when both sides fight to be right. I don't want to sound sexist, but I just have to say, without naming genders, that this behavior, in my experience, is more indicative of one particular sex than it is of the other.
Regardless of whether this is gender-based behavior or not, while it is happening, I just want to time people out and send them to their rooms.
Mary Kay, thank you very much.
Coleen, I think you are absolutely right. And a time out would be perfect.
Jane, I would say that one of the most important elements of successful negotiating for both sides is professional agents who are experienced, competent and truly pros. What a difference it makes in the negotiating, communicating, and transaction coordinating until closing.
Chuck, I completely agree.
Jane,
Working on a short sale now so this good information to always keep in mind.
thank you
Akil, good luck with that. They are always fun :)