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Reprinted with permission of Florida Realtor magazine © 2002
How to Negotiate for Buyers

Much of Florida has experienced a seller's market over the last three years, giving the seller the power in negotiation. Here, one salesperson shows you how to negotiate for the buyer and balance the power.

by Jerry Stoffer, ABR

     As a buyer's agent, I believe that traditional negotiation in a seller's market is ineffective. Traditional negotiation tends to be a matter of power.
     Obviously, the seller has more power in a seller's market. Since the role of the buyer's agent is to negotiate in the best interest of the buyer (your client), an attempt to overpower or bully the seller will likely fail in a seller's market.
     In my experience with more than 1,000 contracts - mostly as a buyer's agent - I have found that the best strategy is not to negotiate at all! By this, I mean to present a contract that's accepted by the seller with minimal changes, or no changes. This means taking the time upfront to ensure what you're offering will be accepted.
     Based on my experience, here are some suggestions when representing a buyer in a seller's market:

1. Be There First
     It's important to avoid competition from other offers. If you get there first, you tend to get more attention and better treatment. If your buyer sees a property he or she likes, advise him or her to


Diplomacy is essential when the buyer's position is weakened in a seller's market. Treat the listing agent, and the seller, with respect, says Jerry Stoffer, a salesperson with RE/MAX 200 Realty, Orlando.
proceed quickly to avoid the auction effect of multiple offers, which pushes up the price.
     Recently, a home one of my buyers was interested in came on the market on a Wednesday. I showed it on a Saturday morning because that was the soonest my client could go. I wasn't aware at the time, but a contract had been written Friday night with another broker. Good inventory moves quickly. If you're not there first, your buyer could miss his or her chance.

2. Remain Calm and Diplomatic
     
Diplomacy is essential when the buyer's position is weakened in a seller's market. Treat the listing agent, and the seller, with respect. Some salespeople use rapid speech and a high pitch, and do everything they can to overpower the listing agent and the seller. People prefer to conduct business with a calm, well-mannered person. Speak slowly, and with a deep and calm voice.
     Recently, my wife was representing a seller, and the buyer's agent was demanding and speaking rapidly. He didn't get the contract. Bullying techniques convey urgency and compromises your buyer's position, which is opposite of what you want to achieve.

3. Get Your Paperwork Right
     
Make a favorable first impression of the contract by providing a complete package, beginning with a cover letter summarizing the benefits to the seller. Also provide a prequalification or approval letter on the lender's stationary. Ideally, the approval letter should state the type of loan, and an approved loan amount no less than the amount specified in the contract. An interest rate lock-in letter would assure the seller that the loan is stable.
     Remember, your duty as a buyer's agent is to present a ready, willing and able buyer. Present the contract on a computer-generated, easy-to-read form.
     Fill in all of the blanks of the contract, especially those pertaining to financing. A seller is less likely to accept an offer that is hard to read or open to interpretation - which could delay the timely acceptance of the contract.

 

Fill in All the blanks
of the contract, especially
those pertaining to
financing. A seller is
less likely to accept
an offer that is hard
to read
or open to
interpretation -- which
could delay the
timely acceptance of
the contract.

 

4. Know the Facts
     
As the saying goes, knowledge is power. Demonstrate to the seller's agent that you know the facts. Show that you have knowledge about items such as the property's tax records (sales history, assessed value, age and size), comparable sales/expired listing data and details on financing.
     When I represent a seller, I like working with a buyer's agent who is knowledgeable and sharp. It makes my job easier, and it leads to less surprises at the closing table.

5. Start With Positives
     
When presenting the offer, avoid the temptation to "run down" the property. Don't say, "My buyer likes the house, but the pool needs resurfacing, etc." Present the buyer's attractions to the property before any negatives are mentioned.
     A seller will be more receptive to hearing factual, albeit negative, comments after a favorable first impression. If you make a negative first impression, the chances of making a positive impression down the road are limited because the seller might be offended or irritated.

6. Make It A Win-Win Situation
     
Make it your mission to learn what is important to the seller. One seller may want to sell the property within 30 days. Another seller may be in no hurry as long as he

gets the right price. And another seller may want to sell the house without having to perform repairs.
     Find out what the seller wants and that will help you better present to your buyer. If you give the seller what he or she wants, the chances of your buyer getting what he or she wants, such as seller-paid closing costs, dramatically increase.

7. Keep It Fair
     
Fairness is an eternal standard that will not only result in a win-win contract, but it will also stabilize the accepted contract during the subsequent and inevitable rough moments. Many times, a contract falls apart because one party believes he or she wasn't treated fairly.
     A seller who believes he or she is treated unfairly will attempt to restore equity during conflict, and the contract unravels. It's wise to remember that a contract that doesn't close is not a contract.
     Applying these rules will not always result in a contract. Sometimes, no matter how efficient and professional you are as a buyer's agent, a counteroffer will be presented instead of a contract.

8. Give Them Options
     In the case of a counteroffer, be proactive and don't make ultimatums. Don't ask the buyer, "What do you think of the counteroffer," because more than likely he or she will already be frustrated. Instead, recommend alternatives and choices. Get the buyer thinking of other ways the deal will work.
     Also, never tell the seller to take it or leave it. People like options, so at least offer a few. Ultimatums will put you in a corner as a buyer's agent, especially in a seller's market when the seller may have other interested buyers.
     In response to offers they deem unacceptable, sellers will sometimes respond with generalities like "I want a higher price," or "The closing date is too soon." Never amend your original offer until the seller mentions specific numbers.
     For example, say I ask the seller what closing date he prefers, and he tells me July 1. I may already know that the date would be acceptable to the buyer, but if I give away that date first, I cannot negotiate.
     In this case, I can say, "If I can make July 1 work, can you offer a warranty?"
     Remember, the key to effectively representing your buyer in a seller's market is to elevate the position of the buyer without downgrading the seller. This way the chances for a win-win situation - and a contract - are stronger.

     Jerry Stoffer, ABR, is an 18-year veteran in the real estate profession. His patented trademark is The Real Estate Doctor and he works as a buyer's agent with RE/MAX 200 Realty in Winter Park.

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