Negotiations are a crucial part of
all real estate transactions. We
negotiate far more often in our everyday lives than we realize. We are negotiating all the time, for example,
the time we go to lunch with a friend, the date when a report will be submitted
to the boss, the price of an item at a
flea market, who will go first in a game, etc.
All examples of daily decisions involving another person or persons,
requiring compromise – requiring give and take.
In a real estate transaction, negotiations
are not only about the price. Although price is the entry ticket to the rest of
the transaction, there are other terms and conditions that must be negotiated, for
example, the timing of the sale – when it will close, the amount of down
payment, the condition of the home - “as is” or including repairs that the
buyer has requested.
Ideally the goal is to have a “win-win”
situation in real estate transactions. While there are some people that view
contract negotiations as a “win-lose” outcome, the truth is everyone will
benefit by striving for a “win-win”. Compromise is an important part of getting to
a result that will satisfy both sides.
It’s important to identify terms that need to be negotiated from terms
that are true “deal breakers.” But there are really, very few conditions in a standard
contract that are serious enough to kill a deal. Sometimes emotions are responsible for
turning what should be negotiable terms into non-negotiable terms.
Often communicating voice-to-voice is
more effective in getting to a “win-win” transaction, than emails and texts.
Some issues need to be discussed to understand the underlying motives of the
parties. Knowing everyone’s key terms up front is important, because while something
could be a non-issue on one side, it could be the very selling point that makes
it a win for the other side.
Buyer and seller have to express
and make known to their agent, what’s really important to them. Conversely, buyer and seller have to avoid
looking for a “win-lose,” when the issue is not important to them. From the
beginning of the transaction, it has to be about the issues rather than the
emotion.
One of the keys in negotiating is
to recognize that each party will have his/her own perception coming into the
negotiations, and that is his/her reality. It’s important to stay level-headed
during negotiations. Though it may be an emotional experience for both buyer
and seller, it’s critical not to let negative emotions take over and become a
factor. In the end, “win-win” comes about
when a solution is acceptable to all the parties, and there is a sense of trust
and fairplay.