Offer, Offer, What’s Really an Offer?
November 18, 2007In real estate, coming to the sale price vs. the listed price is the result of a negotiation. A fair market price is defined as that price at which a willing buyer and a willing seller agree. Negotiation is like tennis. The Seller “serves” a Listed Price. A buyer “returns” an Offer Price. The seller then “returns” a Counter Offer. The buyer then chooses to respond by either accepting the Counter Offer or “returns” their Counter Offer. It can go on and on until an agreement is reached or the process is abandoned. The same process also includes terms, such as closing date, repairs, allowances, occupancy dates and much more. Which is better, $700,000 “as is” or $725,000 with repairs? Ah, and you just thought it was about arithmetic!
Buyers tend to shy away from making an offer for fear of insulting a seller. Most sellers represented by a Realtor are shielded from the insult. They have a motivation to sell the home. Sellers should have an appreciation for any offer. It beats the parade of folks and their kids sweetly smiling and saying “that’s niiiice” as they parade through their home. An offer is a message of sincere interest. It needs to be viewed as the start of a dialog. But the buyer must be interested, since, once you accept their offer they are (generally) BOUND to buy you home of forfeit their deposit.
There are many kinds of offers. A full price offer is the seller’s best friend. But beware of any terms or requests for repairs that may reduce the net dollar value of the offer.
There is a “Low Ball” offer. Such an offer is a test to measure the seller’s motivation. It is a signal that a buyer believes (or hopes) the real value of the home is much less than the List Price. In today’s market, many homes are listed at 2005 prices and are not “priced to sell’ under current market conditions. They will remain for sale, and may not receive any offers until they become more aggressively priced. Buyers may be responding to their estimate of the changed market. There are other “bottom feeders” that are just looking for a bargain or a deep discount at a distressed seller’s expense. Normal and legal discriminatory issues aside, the thought that “it’s my home and I’ll sell it when and how I want to” is the seller’s right derived from private property rights in our Constitutions. But, a buyer is a buyer and we need to keep them in a dialog so they can be a buyer for OUR home. An offer is the first strep in a negotiation, no matter HOW low the starting point is.
We negotiate every day. We’re just not used to negotiating the sale of our largest asset, every day. An offer is a starting point. Just like in life, an outrageous offer gets a response that is the polite version for “and, just what kind of girl (boy) do you think I am!” Or, perhaps, we’re just fishing for a better offer so we send the “Oh, I’m sorry, but I wash my hair on Fridays” message. And maybe the old stand by, “I’m visiting my sick aunt that day, perhaps another time” gets us a faster close or a removal of a contingency or a better move in or out date.
The “Low Ball” offer causes much stress among sellers. But such an offer is easily qualified by a smart counter offer. When working with Realtors representing both parties, the personal feelings of buyers and sellers are insulated by their representatives. So, the insulting low ball offer is, at least, a starting point. The seller’s first response sets the tone for all negotiations.
The choices include outright rejection of the offer, rejection with guidance, a counter offer very close to the Listed Price or a counter offer at a percentage of the difference between the offer and listed price, all carry messages to the buyer on a seller’s expectations. And the messages aren’t just quantitative. For example, an offer must be evaluated along with the financial impact of the terms attached. An extra moth in closing means an extra month of mortgage payments, taxes, insurance and other costs. That’s a hit on the net final proceeds from the sale. Fence repairs may be $500 off the net proceeds to the seller.
Outright rejection tells the buyer and his agent that the offer price and the terms are too far apart from the seller’s expectations and continuation of discussions are unlikely to move toward an agreement.. The addition of guidance may tell which terms are unacceptable or how far apart the offer is from acceptability in the seller’s eyes.
The strategy of making a Counter Offer with a price gives hints to where the seller is on their price. A seller is always in the driver’s seat. Nobody can compel as seller to sell his home, even at full price. Negotiations can conclude at any time the seller declines to sell his home before an offer is accepted. Again, there are laws which can intervene if discrimination is involved but they don’t apply to price negotiations in general..
Negotiations are where Realtors earn their money. It is difficult to negotiate on your own behalf. In our culture, we are really well served by allowing intermediaries who are professionals in our area to shape an agreement and help the principals find agreement. With a “low ball” offer, the seller’s agent can quickly convey that their principal is not in distress and is very unlikely to sell at a deep discount and that the listed price is supported by recent sales activity. The buyer’s agent either will convince them that a more realistic price is in order or they will move on the next home for sale. This dialog is all but impossible between principals, and the thought of it gives many sellers a bad case of the “willies.”
The buyer’s equivalent is the fear of “leaving money on the table” or paying too much. Good negotiation strategies are characterized by putting yourself in the place of the other party. If you want a lower price, or a longer close or a fence fixed, then put your offer in a way that makes sense for the seller to accept it. We already know they want to sell. A clue to their motivation is that they have listed their home in today’s weak market, that is, a buyer’s market. Unless they are unrepresented or they are from Mars, sellers expect buyers to be looking for the best prices, and all they can get on terms, like closing date, repaired fences etc. However, contrary to the national press and media, today’s sellers are not in the mood to make a donation to a buyer’s net worth in return for being relieved of ownership of their home.
Be not afraid. A home that is priced to sell, verified with market statistics, in the Truckee, Tahoe and Reno market should sell within 95% of the listed price. A realistically priced home in today’s market will provide a buyer with a “market equity advantage” going forward. But, review my last post and you will see that waiting may not be the answer. I see the Incline and Truckee markets turning around and The North and West Shores of Tahoe and most of Reno not far behind. Buyers are in the unique position. By assuming an action bias and setting the “market price” of a home they like through well represented good faith negotiation. Earn you own “market advantage” today through sharp and courageous negotiations. Just remember that a seller of a well priced home is not a donor and a buyer is not a recipient. They are free acting participants in a transaction that represents hundreds of thousands of dollars and home that delivers benefits to your family and equity that in almost all cases will be applied to yet another home for your sellers. Wrapping dollars and the emotions invested in homes makes for very powerful feelings affecting negotiations.
For more tips, check out my posts on buying and selling right in a buyer’s market.
Remember, it takes economists at least six months to identify what was the top ot bottom of any market, real estate, included. Don’t let a TV analyst or Business Section writer make up your mind. Real estate is essentially local. Rely on your local Realtors, the credible and reliable professionals in your market.
What is really an offer is the one that gets the negotiations started and creates a good faith dialog that ends in a happy and willing agreement of the parties. Buyers and sellers: sharpen your pencils! Get your good faith in order and get representation! Realtors, for the very most part, are in the “Dreams Come True” business. Get one of us working to help you get your market advantage on your dream home!
Posted by Craig Meyer