Are you wondering how to negotiate a real estate offer successfully? The most critical choice is for you to put your trust in a professional agent to intervene in what is effectively a mediation between parties. However, if you intend to give it the old college try by going it alone, to improve your chances of success, to learn how to negotiate effectively, I advise you to study the techniques, methodology and protocols described throughout this website, and learn how the pros do it.
If you choose to forgo taking advantage of the knowledge and experience of a realty agent, who often (not always) possesses the necessary know-how to negotiate the best terms for you, and whose services don't usually cost you a dime, then read on.
Assuming you've obtained a professional opinion of value, a guesstimate really, for the property of interest, prior to submitting an offer, to help you decide what's it's worth, that is how much you end up paying for it, just ...
How much do you want it? What's it really worth to you? If you absolutely love it, be prepared to pay more. If you can live without it, and if the seller is unreasonable in their expectations, be prepared to walk. The ultimate purchase price often boils down to emotion.
When asked for my opinion of market value, I rarely replied immediately. I explained that it's a very important question and that I preferred to offer a considered opinion after I'd done the necessary due diligence. An experienced agent can easily study recent sales history in the immediate neighbourhood and apply accumulated industry knowledge, along with instincts honed during a long career, to arrive at an opinion of value.
I would ask my buyers how they feel about the property. It's very personal. Your agent can't tell you what to offer - only how to negotiate a successful Agreement of Purchase and Sale. However, if you're playing solo, that is without a representative, well, you're pretty much on your own.
In either case, to negotiate a successful Agreement of Purchase and Sale, you should be reasonable. If the asking price is fair, don't offer too low. Unless the prevailing circumstances are unusual, you'll obviously not buy it at such a low price, and you're likely to alienate the seller. It'll be more difficult negotiating an offer with an irate, insulted homeowner. They may even refuse to negotiate with you. Or they might choose to counter-offer at a higher price than what they might have agreed to if your opening bid had been fair. They certainly have the right to go so far as to refuse to sell you their home.
In the greater Toronto real estate market, for example, at the time of writing, many homes sell within a few percentage points of the asking price - some even well over the list price. Thus, don't offer something ridiculous like 10% or 15% under list. If you have price limitations, as do most people, and you can't afford to buy a particular property, move on to a more affordable home. In most cases, if you offer fairly, the seller will likely be fair in negotiating an offer with you too.
The final agreed price may be affected if either party is ...
Maybe the seller has bought unconditionally or is experiencing the emotional throws of an acrimonious divorce. Or maybe the buyer has already sold their home or submitted a notice to terminate their tenancy, and moving dates are rapidly approaching. Suffering under such stress is certainly not how to negotiate the best terms.
However, if realty agents are involved, agency law precludes them from disclosing motivation of their respective clients prior to or during negotiations. This is considered confidential information. Therefore, as a private buyer, you should also avoid that type of disclosure.
In most cases, the initial offer is refused by the seller, who then makes a counter-offer to the buyer. At that point, you have the option of accepting the counter if its terms are satisfactory, or countering back to the seller again.
It's advisable to follow the advice of your trusted adviser. Of course, if you've opted to go it alone, you should follow your instincts. Your agent should have a fair idea as to whether or not another counter-offer to the seller would succeed. If the seller is being fair, it's a good idea to show the same respect. If you feel the terms are not realistic or just not affordable, and your agent feels another counter would be futile, maybe you should search for another home.
Who knows - the listing agent may call the next day to request that you re-submit your offer since the sellers changed their minds. Maybe they were bluffing.
If you're a buyer who must absolutely 'steal' a property, do the right thing by disclosing this preference to your agent at your first meeting. Of if offering on a FSBO, forget about stealing it. Your agent can either focus their efforts on finding an appropriate bargain-priced listing, or terminate their services with you. If the former, it could be a power-of-sale or foreclosure. Or it may be a vacant home owned by an anxious seller, or a handyman special. In any event, you're going to make an offer on a property appropriate for you and your budget. But to get the best terms while negotiating an offer, be prepared to walk away.
My niece once asked me if I'd help her buy a new car. When we returned from the test drive, the salesman clearly stated his lowest price. Then, as prearranged, we thanked him for his time, saying we'd let him know. From his body language, I knew we'd surprised him with our apparent sudden change of heart. As we approached our car out front, we heard him call out to us to come back, that he could do a little better. We complied, and bought the car at what we felt was a fair price. But we had been prepared to walk.
The advice is pretty much the same. How to negotiate a successful Agreement of Purchase and Sale is to be fair and reasonable.
There's an old adage that the first offer is often the best offer. Many a time, I've been met with situations when homeowners have regretted refusing or wished they'd been more reasonable with the first offer they'd been presented. Later, they had to reduce their asking price to an amount actually below that first offered price. Hey - it happens.
Two general types of sellers exist - those who are committed to selling for fair market value, and those who will only sell if they get their minimum price. Many failed listings fall into the latter group.
What type are you?
To be fair and honest, inform your agent before they agree to accept your listing. If the odds of a successful sale are low, the agent might choose to decline the listing. Or with your understanding and agreement, they may agree to accept it, but with a mutual understanding of minimal effort and expense on their part during the marketing process.
Nowadays, some listing agents insist on all offers being faxed or emailed to their office. They refuse the buyer's agent the opportunity to be present during the offer presentation. Mistake. Big one. Such misguided practice is definitely not how to negotiate an offer successfully.
I believe this is not how to successfully negotiate an offer. I guess they think they're protecting their sellers from the big, bad buyer agent bully and their mysterious pressure tactics. Or they don't want to waste their precious time. Whatever their faulty reasoning, I feel they're actually doing their seller a serious disservice.
The absolute best way to negotiate a successful agreement is to have the buyer agent sitting at the negotiating table. Thus, the seller's agent enjoys the golden opportunity to ask questions about the offer and the buyer. For example, before advising the seller, it's prudent to know if the buyer is pre-qualified for the mortgage or if the closing date is set in stone or if the deposit can be increased. If the offer is conditional upon the sale of the buyer's home, the listing agent should know the terms of the listing of the buyer's property. Is it priced correctly? If not, the offer isn't worth the paper it's written on.
Such details are very helpful while negotiating an offer. If the listing agent understands kinesthetics, they can also read the body language of the buyer agent. People can speak volumes without saying a word. Unfortunately, as in any sales-driven industry, negotiation skills vary considerably in the real estate industry. Unfortunately, many sales people are not much more than order takers.
Various options can also be discussed with the buyer's agent when considering counter-offer terms. In other words, it's a great opportunity to negotiate terms and avoid making a decision in a vacuum. Prior to putting pen to paper, I often ask the buyer's agent to call their client to 'test the waters', so to speak.
A personal presentation also provides the buyer's agent with the chance to actually participate in the negotiations and do their job for their buyer client - to professionally plead their case, as it were.
So, whether a seller or buyer, how to negotiate a real estate offer with the greatest chance of success is to ...
Learning how to buy a house and how to negotiate, whether with the assistance of an agent or privately, is like learning how to dance. It's a sensitive balance, a gentle give and take between two dance partners. With good guidance, it can be a rather pleasant process. Or it can be a terrible ordeal. Be sensitive to the needs of your 'negotiating' partner. See things from their perspective as well as your own. Making unreasonable demands usually fails to make the sale.
Canada Mortgage and Housing Corporation (CMHC) has a great website in which you can learn more about the real estate offer process and how to negotiate.
If you're interested in learning how to negotiate like a pro, check out my book The Happy Agent. It's chock full of techniques and methodologies that could prove highly helpful to you in a private negotiation scenario, or even help your agent during their negotiating proceedings. A pittance of your time and money could save you thousands on a purchase or sale.
Available virtually everywhere print and e-books are sold.
A guide to help home owners sell privately, or find a good agent
For Amazon Print or Kindle
A must-read for anyone contemplating a realty career and the perfect antidote for agents seeking a more productive, less stressful direction for their own realty business.
It’s also designed as an insightful resource for home buyers and sellers curious about the ins and outs of buying and selling real estate.
"An inspiring and candid tale of one man's journey to success as a real estate agent and achieving inner freedom. This book is sure to ignite the passion and holds the key to unlocking the power that lies within us all." Gina Ceci, Real Estate Lawyer