Everyone wants a piranha.

Whether a professional athlete intent on a signing bonus the size of Madagascar, a victim of a vicious fender bender fixated on the 2.8 million dollar legal prescription for a tender neck or a home buyer/seller whose sole purpose on this earth at the immediate moment is to grind as many Ben Franklins as possible out of the guy on the other side of a negotiation, aggressiveness is typically the hallmark virtue in the professional representation that is sought.

The sports super agent, who we are 95% certain has a life-sized portrait of his bare chested self wearing a boa constrictor around suspiciously well tanned shoulders hanging in his posh downtown office, is universally loathed by all.  Secretly, however, we all know he’d be the only guy we’d call if we needed to make a cash withdrawal from the abundant posterior of a team owner.

The weaselly ambulance chaser with the slicked back, Grecian Formula enhanced locks is similarly unlikely to find himself on the guest lists of many Bat Mitzvahs and baby showers.  That narcissistic predator might eat the baby.  When we spill the drive-thru coffee in our laps or stumble over the “Watch Your Step!” sign at a public establishment, though, he’s the guy we call.

Amicable folks are great to have around, but when the conversation turns to business, we don’t want Mary Poppins going into battle on our behalf armed only with a spoonful of sugar to make the medicine go down.  We’d rather employ the services of Dr. Jekyll to go all Mr. Hyde on the opposition and cram that spoon straight down their throats.

Easy, tiger.

There is a time to kill, and there is a time to frolic.  The problem with the constant grinder is that he often grinds himself right out of a transaction.  It is critical that you leave the other guy with some dignity at the end of a tough negotiation, lest all of your efforts collapse under the weight of the other party’s exhaustion.  After you’ve knocked the poor bloke to the ground and bloodied his nose, do the smart thing.  Extend your hand and help him up.

In practical terms, this is akin to finally saying “yes” after repeated “no’s.”  When you win on the key points, you are often in a position to make a small concession on some trivial tangential issue.  Too many times, I see lost opportunities for a clear victor to score easy diplomatic points at these junctures in the waning moments of a deal.  Want the inspection and other critical aspects of the transaction yet to come to go smoothly?  Give up something that isn’t really necessary.  Offer something minor, but unexpected.

You’ve bitten his neck on price, drank his blood on terms … time to give him a transfusion unless you want to carry his Doppelganger the rest of the way to closing.  For the record, undead weight is quite heavy.

Of course, because you are reading my blog, this advice assumes you were on the dispensing end of said treatment throughout the course of the initial negotiation.  If you were unfortunate enough to be on the receiving end, go ahead and drive a wooden stake through the SOB’s black heart.

 

*Originally posted at the Scottsdale Property Shop.

 
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45 Comments on The Art of Killing a Deal

JUN
17
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I don't log in for weeks at a time and this is the first thing I see at the top of my blog roll... freaking classic.  We have an agent here that is all piranha, all the time, no matter what.  He railed against those useless buyers agents for years and now it seems he's struggling because no one wants to work with him.  Maybe I'll forward this to him...

2:00am • #1
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"Find the money and go for the jugular."

That's my promise to my buyers.  Advocacy is honorable when fiduciary is understood.

 

5:25am • #2
438,544 Points 10 Featured Posts Outside Blog

I think the ultimate goal is to close the deal with the most change left in your clients pocket.

6:14am • #3
218,365 Points 6 Featured Posts Outside Blog

My ability to get along well with the agents in my market area is one of the reasons I'm still here after 24 years.  The art of a good negotiation, to me, is the get the buyer or seller what they want and have the other party feel like they've won something too.  I lost a listing once because the seller said I seemed like a good agent, but he wanted someone with a little more "snake oil".  He listed with someone who, while successful, is a known liar among fellow agents, and his house took a very long time to sell.   So much for snake oil.  When competing with another agent for a home for your buyers, sometimes it's your reputation for fairness and fairplay that will have the listing agent closing your deal over another if it's close. 

6:45am • #4
120,477 Points 9 Featured Posts

One time I previewed a FSBO and the owner let me know they would be happy to let me sell it, but if they listed it would only be with Agent X, who sold them the house. Why? "He's a shark - he mesmerized us into buying this house, and he can do it to someone else!"

Sure enough, Agent X listed it and sold it himself in about 2 weeks.

FYI, Agent X has a laundry list of lawsuits.

7:15am • #5
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What a HOOT!, Paul!  I LOVE your writing...I could picture every tumultuous, excruciating moment with those vipers, LOL!

Must admit, I'm a big fan of CLOSING a deal...the intent being to always be part of the solution, rather than the problem.  Negotiations are, by their nature, adversarial.  But if the other guy needs to be scraped off the pavement when you're done with the proverbial bludgeoning, chances are he'll be in no frame of mind to be cooperative through to closing.  And, after all is said and done, getting to closing is the ultimate objective. 

7:17am • #6

There are some snakes out there, and some sellers prefer them! What I don't understand is this: The seller somehow trusts the snake to screw only the buyer - when I think the snake will screw them both!!!

7:32am • #7
109,013 Points 5 Featured Posts

Paul,  you almost lost me with the first 1/2 of this blog but I perservered, (because I'm a REALTOR!) and yeah!  Great blog and great points.  I recently attended the tag sale of one of my clients and bid on a bookshelf which I eventually bought for 1/2 asking price. The client said "You're tough!"  My reply:  Would you really want a REALTOR who cannot negotiate?

7:44am • #8
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I ALWAYS enjoy your posts! "The problem with the constant grinder is that he often grinds himself right out of a transaction." and yes undead weight is very heavy (especially when you add the bulk of the carpet), in the long run many people see this and are less likely to try and deal on a reasonable level or just avoid dealing with this type if at all poaaible.

7:59am • #9
169,061 Points 6 Featured Posts Localism Sponsor Outside Blog Hit Router

You are a writer to the core. Have you seriously thought of a second career as an author?

Great analogy and dead-on analysis of how people in general operate under certain circumstances. And you are right, it is very necessary to not do overkill when negotiating from a position of strength. Even history teaches that. The Roman Empire thrived for as long as it did because after conquering its subjects, they allowed them to continue practicing their own religions (with one exception), and even incorporated those religious practices into Roman cosmology.

8:05am • #10
581,999 Points 62 Featured Posts Outside Blog

Paul, I guess the ideal personality is one who can toggle their switch between the pirahna and Mary Poppins but that would be the rare bird. I think an between model is kill them with kindness, being assertive and firm yet polite and respectful all the time. The pirahnas do tend to burn out and feed on their young so their longevity with repeat clients at least is not good.

8:15am • #11
148,173 Points 4 Featured Posts

Man, I want what your drinking when I post. Two father-in-laws ago I learned a valuable lesson. This guy was the utlimate negotiator of a deal. He made sure you had a voice to speak your mind, he made you feel like you were the winner, and he got everything he wanted. If you can negotiate like that, then you can be a tiger that appears to be a pussy cat, but has big claws.

8:52am • #13
4 Featured Posts

"A pittance, to show my mercy." I like it. No one wants a toy poodle representing them when they can have a doberman. Great post.

 

twitter / Ian_at_DriveBuy

9:42am • #14
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What was it that Tom Hopkins said, "Act Like A Lamb...Sell Like A Lion"? Great post!

10:33am • #15
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Lisa - Baaaa ... I mean Roar!

Ian - Sometimes those little kick dogs will tear up your ankles and pee on the sofa when you least expect it, though.

Joe - Your former in-law sounds like a born salesman.  The very best never even let you know that you lost.  Only after you've shaken their hand and taken their leave do you notice the knife wounds.

Jessica - You are too kind.  Absolutely correct that the recognition of value is every bit, if not more critical than the tenacity to keep going back to the well.  I like to ask my clients if they would prefer to knock 50K off the listing that is 100k overpriced or pay full price on the one that is 100k under market.  Aggressiveness is an incomplete equation.  It's just one variable in the sales process.

Gary - Agreed.  I find the piranha impersonation is often just that: an impersonation.  Many agents put on that persona simply to impress a client with their dogged pursuit of the best deal, even if they know it is not always the best tact.  There is a time and a place for different tacts.  The best agents understand this and employ whatever a certain situation demands, rather than putting on a show for the client. 

William - Thank you, and yes, I've thought about it.  Not very seriously, however.  Pipe dreams and all that.  Your synopsis is dead on in my estimation.  Some wield strength like a club, while others use it as an opportunity.  Give the other guy an extra day on closing to cultivate some goodwill, for goodness sakes.  You never know when the shoe will be on the other foot and it is you in need of such benevolence.

Russell - You can get away with such tactics when you have a captive audience, but there are too many fish in the Real Estate sea to utilize hardball methods exclusively.  It's not like a team that has exclusive negotiating rights with an athlete or an attorney who argues his client's case to one judge or jury.  Buyers and sellers are always open to other suitors and will pursue other avenues if they are flogged one time too many during the course of a negotiation.

 

6:16pm • #16

You make an excellent point about how many real estate agents do not understand how to negotiate.  You would enjoy The Power of Nice by Ron Shapiro and Mark Jankowski.  Mr. Shapiro is a prominent attorney and sports agent, but not one of the piranha.  The book tells wonderful stories about how he succeeds with his power of nice while the piranha fail. 

My book, Create A Great Deal, the Art of Real Estate Negotiating has considerable discussion of different negotiating styles and how to deal with them. I agree with your point in that the style of negotiating that I find most effective has nothing to do with piranha.  If you investigate what the other party wants, and find a way to give it to him/her, you will have a deal that will come together smoothly and close gracefully.  Of course, you will get the things for your clients that are most important to them.  So, instead of trying to take everything from the other party, try to be sure you give them the essential features that they need to make a deal.   This type of collaboration will not only make better deals that impress your clients, it will improve your relationships with other real estate agents.

If we evolve away from a battle model of negotiating to an investigative model we will make more deals, that have better terms and close more easily.  Thank you for this post, you make an excellent point.

6:45pm • #17
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Marian - Beating your clients down at a tag sale?  LOL, you are one tough cookie ;)

Marylin - That is an excellent point.  The slimy tend to slime indiscriminately. 

Judi - Precisely!  Closing the deal is the goal, not merely negotiating it.  There are still 30-60 days worth of escrow to navigate once the deal is consumated.  Treat the other party too harshly in the initial stages and you ensure that cooperation is anything but a given in the latter stages.

Dawn - I find that those who want a shark typically fancy themselves as sharks as well.  The prevailing attitude is that the world is out to screw them, so screw the world before it gets the chance.

Susan - Anyone who would not want to have a cross sale with you has an eggplant where their heart should be. 

Russ - Agreed ... to an extent.  Terms and execution of the remaining contingencies are often overlooked in the blind pursuit of price.

Lenn - Nosferatu called.  He commends your vigilance ;)

Jesse - Short-sidedness is another hallmark of the unflinching pitbull.  Forget nuance, these types fail to recognize that there is ever a time or a place where a little more yin and a lot less yang would be beneficial. 

As Sun Tzu said:  "When you are strong, make your enemy think you are weak.  When you are weak ... go to the gym, Nancy boy."

 

6:50pm • #18

I think the perfect person if one who can be agressive without making the other person feel like they were dragged through the mud. It makes it feel like a win/win for everyone. Great post.

Sherry Laursen
7:08pm • #19
139,609 Points 8 Featured Posts Localism Sponsor Outside Blog Hit Router

We have one guy here who is so busy proving that he is right that he doesn't notice that no one is even trying to negotiate with him anymore.

7:23pm • #20
3 Featured Posts Outside Blog Hit Router

Paul,

Well said!  and I mean well!  Did you all see Paul's first sentence in this blog?  That is, was, a thing of beauty!  I hope Lenza is out there somewhere reading.  I'm again a fan.  (and by the way...what you are saying is all true)

Dick Beals

7:25pm • #21
228,986 Points 30 Featured Posts Localism Sponsor Outside Blog

Hi Dick, glad I got a reprieve from our hijinx on Lenza's long farewell ;)  Thanks for giving this a read.

Virginia - He has the world by the tale.  Too bad the world can be a pit viper that doesn't like to be grabbed by the tail.

Sherry - That is a good model.

Tim - I just added some required reading to my schedule.  Thanks for the input.  I agree wholeheartedly.  There is more than one way to skin a cat, but is skinning a cat really what you want to do anyway? 

I don't know what that means, just sounded reflective ;)

7:38pm • #22
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We have an agent in our area like that, I don't look forward to doing any transactions further with him, when I was putting pressure on them to extend loan denial date, he admitted he had pushed the agent on the house his seller was buying so hard they were just trying to get them to default so they could take their earnest money.   I was sorry they were in that situation, but this was their only option and we also weren't going to change, either he extend loan denial or we would be backing out, I also was tired of him trying to push me.  After the transaction closed he did call and apologize, maybe he learned a lesson from the transaction as a whole and realizes when you make it win-win everyone walks away happy.

10:20pm • #25
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Just a re-post of my own post, but thank you, Steven.  Going to have to ask you to edit your comment to lose the links, however.  Kinda like my readers to stick around, you know?

11:43pm • #27
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"Teeming schools of toothy aquatic predators ... it's what's for dinner."

11:55pm • #29
JUN
18

I agree - you always have to let the other side have something, just so they can keep their pride and dignity.Win-win isn't just a pretty thing to say, it should happen, even if in a small way.

One thing I think people forget is that the agents are representing the buyers and sellers - and the animosity they create transfers to those clients and creates bad feelings between them, as well as between the agents.

Maybe it doesn't matter if the sellers are leaving town, or if you live in a big city and they're going to the other side of it, but in a small town like ours, beating up the other side creates an animosity that can carry into other avenues of life.

I'm thinking about when both sides belong to Rotary, or volunteer at some non-profit, or even have kids in the same class at school. Simmering animosity isn't a good thing.

12:09am • #30
293,779 Points 16 Featured Posts Outside Blog

Paul, excellent! Great reminder for all Realtors and their buyers/sellers. Though I've not been at the receiving end of your bloody scenario, I've always felt it's easier to catch flies with honey and with a smile.....generally works for me. ;-)

12:25am • #31

Hi Paul,

Nice writing. I don't often enjoy reading all the way to the bottom of the blog posts around here. Grea topic. Have you taken the CNE course or are you just an expert negotiator all on your own? Me? I took the CNE course. Very helpful if you're already 1/2 way there. Probably not if your Mary Poppins or the toothy aquatic predator.

Alison Porter
12:25am • #32
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Alison - While I have gained a fair amount of experience to draw upon, both positive and negative, in the decade I have been selling houses, it should be noted that I consider myself an expert only in the refined art of being Paul Slaybaugh.  Experience is great, training courses are great.  Throw it all into a pot and see if it makes soup.  To my way of thinking, the world needs less self-proclaimed experts of anything.  I just share my views and experiences.

Teri - Agreed.  As long as there is steel in your spine, kindness will never be mistaken for weakness.  At least not twice.

Marte - I serve a large market, so it is a lesser concern here, but your point is no less valid.  We'd all treat each other better if we knew we stood a high probability of running into them at Sears or TCBY with some degree of frequency.

Heather - While I think the win-win scenario is a bit overblown, there is always room for decorum and gentility.  One side will win more than the other, that's just the way it goes, but that should not be confused to mean that the process has to be needlessly adversarial.

12:57am • #33
149,333 Points 9 Featured Posts Localism Sponsor

Paul, Every market is different.  I haven't come across an aggressive, "take no prisoners" style of negotiating in the residential market yet.  I think some of this is cultural.  I suspect Manhattan agents will always be more aggressive in their style of negotiations than Fairfield County agents.  However, some of this is due to how much pressure the market is under.  In extreme buyer or seller markets, the negotiations will likely be more ruthless.  In those situations, you are right, throwing in something, a small concession, can help the other side walk away with some dignity. 

5:43am • #34
832,088 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

HA!  That must be why Bela Lugosi is one of my favorite actors. 

 

6:59am • #35

I always try to conduct my business in such a way that at the closing table each and
every party to the transaction will want to do business with each other in the future.

Including the attorney!

Larry

Larry Sharp
2:03pm • #36
178,634 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router

I have dealt with some agents that I just advice my clients to skip their listings if possible.  Too much trouble and too many headaches.  Many successful agents still have a lot of class.

6:03pm • #37
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Gail - there are plenty of them in my market.  So many agents serving this area that some simply feel the need to stand on their toes and bark at passersby to secure business.  Seems to work.  Too bad it doesn't always produce the desired result for the client.

Lenn - Who doesn't love a method actor? And people say DeNiro is intense when getting into character.  Lugosi probably spent a good month roaming the Transylvanian countryside prior to a film.  Ever wonder if lactose intolerant vampires prefer vegans?  Me neither.

Larry - We don't typically use attorneys out here, but your point is well received.

Gene - I roll my eyes and tell my clients to brace for trench warfare with such types, but I won't skip a property if it fits their needs.  I won't be intimidated.  If the guy or gal on the other side of the table is a known offender of sensibilities, I'll just get a little extra roll to my shoulder and outjunkyard dog them.  Not my preference, but not a barrier either.

 

6:16pm • #38
JUN
19

Great Post my man. But the Real Estate agents that have commented are not so great for the most part. Sorry but thats the way I read it. Your Post has merit and is well written. I would love to pass it on to other. With your promission of course.

1:20am • #39
123,405 Points 13 Featured Posts Outside Blog

What's ironic about the whole thing is "Realtors" were designed to keep deals together...not blow it to pieces yet...what percentage of deals go down because of the agents involved...sigh!

1:11pm • #40

Paul,

Man, you've missed your calling...  great writing!  

Having gone up against a piranha or two myself,  I can tell you there is nothing more satisfying than the 'whoosh' of sucking air when that rescission hits their fax machine.... except maybe the phone call which invariably follows... 'There must be something we can do... '  AND the house sitting on the market for the next 6 months, finally selling at 10k less than your offer.   

Makes me smile all over again just thinking about it.... :)

Toni Greenwood,  Olympia, WA (Doug Burger Professionals RE) 

10:34pm • #41
JUN
25
170,400 Points 14 Featured Posts Localism Sponsor Outside Blog

DANG... you are posting as infrequently as me these days...I hope this means you are just as busy!BTW  I have really enjoyed your tuneage and pithy comments on Twitter! (pithy is a complement in my book)

7:48am • #42
JUN
27

Nice.  You're funny.  Funny is good - it means you have a soul.

One of my favorite quotes: "Even a little dog can piss on a big building."

Thanks for the read.

 

-Stacey Champion

3:45am • #43
JUN
29

Good post...you're right, you need to offer a little concession to the other party to help them feel good about the transaction.

9:33am • #44
JUL
03
415,373 Points 48 Featured Posts Localism Sponsor Outside Blog

Paul,

Where I grew up as a kid, we ate pirhana for dinner.  Congrats on the feature; you have a colorful way with words!

Mike in Tucson

11:52pm • #45
JUL
07
151,202 Points 3 Featured Posts Localism Sponsor Outside Blog Hit Router

Hey Paul! I landed on your blog & was smiling after only 4 seconds of reading...always so very enjoyable, totally authentic---I love it! While everyone is scheming & scamming, counting & following, you truly embrace (& conquer ) THE ART of being a Realtor... and Dawn Maloney's comment about the agent who "mesmerises" is truly freaky...that agent should be in Vegas! Cheers!

11:26pm • #46
JUL
16

Excellent article Paul. I like your honesty and integrity, it must a pleasure to deal with you :)

I know moms in the bizymoms Scottsdale community would love a great read and this is one article they will never forget.

You are a truly talented writer and I love your blog, It's very organsied and straight forward. Keep up the good work.

Brenda Smith
11:40am • #47

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Paul Slaybaugh, Scottsdale AZ Real Estate

Scottsdale, AZ

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Realty Executives

Address: 10607 N. Hayden Rd 100, Scottsdale, AZ, 85260

Office Phone: (480) 948-9450

Cell Phone: (480) 220-2337

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