hiring a real estate agent is hiring a professional negotiator
“To settle by discussion or mutual agreement.” That’s the dictionary definition of “negotiate.” It might sound cut and dried, but in the world of real estate it can be, and often is, far from it.
Buying or selling a home is usually a lot more complicated. There are many variables to contend with, and many points where an experienced, astute negotiator acting as your advocate can make or break the deal. Price is always key, of course, but sometimes other issues – such as the appropriate closing date – can carry more weight.
A closing date for one party in the transaction may be ideal, while impossible for the other. Each party’s individual schedules and special needs and wants must be fairly considered and wisely negotiated.
I referred to price a moment ago, but that doesn’t mean just the asking and selling price; we’re also talking down payment – another area where adept negotiation may come into play. The down payment or deposit can actually determine the strength of a potential buyer’s offer.
Very little down could be construed as the would-be buyer not being all that serious about purchasing the property. What’s more, it makes it too easy to walk away from the contract, and that can raise doubts in the mind of the seller. Does the purchaser have sufficient funds on deposit with a financial institution to actually close the transaction?
A good real estate agent will confer with his or her client and point out how a reasonable down payment can be an effective strategy in overall negotiations during such a transaction – which after all is usually the single most important purchase most people will ever make.
Along similar lines is the matter of the date of the mortgage commitment, and whether the offer is contingent on the sale of another property, or perhaps on the closing of another property. Accomplished agents understand that these factors can affect how smoothly and in what timeframe a real estate sale takes place, and can negotiate certain terms based on these and other variables.
Now let’s move to some issues that are slightly more tangible. There’s a saying in the real estate profession that “negotiation is all about the refrigerator!” It sounds amusing, but it actually speaks to something that has been known to delay, derail and sometimes destroy what appeared to be an open and shut case.
Here we’re talking about affixed items that generally remain with the house when it sells – from a built-in bookcase to curtain rods and other items. However, the seller may want to exclude certain affixed items from the sales arrangement. Or the buyer may request the inclusion of certain articles beyond those presently affixed to the property – a refrigerator, for example.
I’ve known situations where, at the eleventh hour, the sale nearly tanked (or did) because a buyer just “assumed” that a backyard play set, for example, went along with the house. In such cases, particularly when buyer and seller emotions can enter the equation, a real estate agent’s negotiating skill and objectivity can usually resolve things.
Bi-party concessions are not unusual in home buying and selling, but they often require the advice of the agent, who’s experienced in negotiating such matters to the satisfaction of both buyer and seller. For instance, the buyer might request that the seller pay points or a loan fee.
A buyer could also request early occupancy due to unforeseen schedule changes, perhaps putting the seller off-balance, since it changes what his or her understanding was of the actual closing date. On the other hand, sometimes a seller may ask to remain in the house for a limited period of time after the official closing date, and actually rent back to the buyer.
These conditions, rental amounts and related details all need to be negotiated, agreed upon and signed off – bringing us back to our definition of what negotiation is all about: mutual agreement. It’s just that it’s seldom easy, and as the great philosopher Yogi Bera famously said, “It ain’t over till it’s over!”
Speaking of which, a residential real estate transaction isn’t over until a home inspection is done to both parties’ satisfaction, and sometimes real estate agents will facilitate further negotiations if last-minute fix-ups are needed. In addition, if the bank appraiser doesn’t appraise the property for the sale amount agreed upon in the contract, then negotiations can again take place to solve the matter.
Even the pre-closing inspection, which can occur up to 48 hours prior to closing, might require negotiation expertise of a licensed real estate agent, if a problem is detected that the buyer finds unsuitable.
In short, real estate agents have to be strong negotiators. They’re responsible for guiding people through an important, sometimes complex process, solving problems along the way. From the start, the agent is most likely involved in helping a buyer sort through the many potential communities, neighborhoods, and houses, in order to eventually arrive at that one house – that one dot on the map.
Then it becomes a meeting of the minds, through negotiation of the numerous details involved in most real estate transactions.
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