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Sellers Should Pay Closing Costs Only When Buyer Needs It

By
Managing Real Estate Broker with Howard Hanna Rand Realty License # 49FA1074963

Closing costs on a New York transaction can be quite high. The state has a high transfer tax, municipalities, especially New York City, have their own tax, and title insurance is expensive. Otherwise qualified buyers might need to finance some of these costs, and a the mechanism for doing so is a seller concession. 

There are times when it is appropriate to ask the seller to pay the buyer's closing costs. In my experience, those times always include necessity. If the contract price will appraise and the cash position of the buyer is such that 3% assistance for example, will enable them to buy, it is perfectly valid to propose a seller concession. This makes the transaction a team effort: the seller concedes equity that they might otherwise pocket, the buyer is able to finance all or part of their closing costs that they don't currently possess, and everyone wins. 

There are times when it is NOT the right move to propose that a seller pay the buyer's closing costs. When the buyer has the cash, it is virtually never a good idea to propose a concession. The reasons is simple: a concession enables the buyer who would otherwise not be able. If a buyer does not have this need, then proposing a seller concession is a business equivalent of a submission hold in wrestling. It also puts the buyer in an unflattering light financially. 

We recently had a bid on one of my listings. They were proposing a 20% down payment and we were getting close on price. When my sellers made one last counter offer, the buyer made a fatal tactical error: they proposed meeting us at the price, but then added they wanted the seller to pay their closing costs. The seller elected to go with another offer. Here is what hurt the buyer:

 

  • You can't propose a 20% down payment, ostensibly the mark of a strong, qualified buyer, then ask for help with closing costs and still expect to be viewed as a strong buyer. That tells them you don't have the money. 
  • If you do have the money, telling the seller to pay comes across as petty. You might feel that in a buyer's market you have to get over on the seller, so you propose a concession to make them say "uncle." That backfires, especially when there is other interest on the house. 
It is human nature to agree to help when the need is there, especially if it empowers a transaction. If the need is not there, it comes across as a "gimme," which sends the wrong message and often forfeits good will. The object is to have a meeting of the minds, not haggle up a storm. Buyers need to understand that it is only a good deal if the sellers sign on. There is a huge distinction between asking for help and demanding a give back just to feel you were the alpha haggler. 
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Justin Quinn
Windwalker Real Estate - Nantucket, MA

Your buyers need to be more qualified, you are the seller not the bank. I guess if you had to you could take back paper but dont be out of pocket. Justin

Feb 02, 2010 03:02 AM
Jesse Skolkin
Independent New York State Certified Real Estate Appraiser - Fresh Meadows, NY

J.P.:

Regardless of how a concession is negotiated, I have seen situations where the sellers concession was "added" to the purchase price, pushing the contract price above market value, leading to a major problem with the transaction.  IMO, concessions should be avoided if unnecessary.

Feb 02, 2010 03:36 AM
Homes for Heroes
Coldwell Banker First Realty - Cedar Point, NC
Homes for Heroes Realtor, Relocation Expert

In a Buyers market, let the Seller BEWARE...you want to sell, need to sell, have to sell, don't look a gift horse in the mouth...Consider any and all Offers, carefully..

Feb 02, 2010 04:10 AM
Lew Corcoran
Better Living Real Estate, LLC - East Bridgewater, MA
Real Estate Agent, Home Stager, & Photographer

I think you are being a little short-sighted and perhaps maybe sabotoging otherwise potentially viable deals.

First, the amount of downpayment by the buyer shouldn't even enter into the negotiations. All that should matter to a seller is whether or not the buyer is qualified (by way of a pre-approval letter) that s/he or they are finacially qualified and able to make the purchase.

Now, perhaps the buyers want to conserve as much capital as possible for possible home improvements. Or, maybe they want to make some investments. Or perhaps start a business. You don't really know what the buyer's intentions are. And unless you're very close to them, I doubt they will share with you their reasons why.

As for negotiating seller concessions or negotiating a reduced sales price - I can show you that it's in the best interest of both parties that the seller gets as high a price as possible and negotiate with the buyer that the seller pays the closing or settlement costs. And, perhaps they can contribute to a point or two for a reduction in the interest rate. It's a win-win for both parties.

You may want to rethink your strategy.

Feb 02, 2010 04:21 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Everthing is a contract is subject to negotiation.  To second-guess the buyers' intent is counter-productive.  If it's a 3.5% FHA or a 20% down . . . who cares?  What difference would that make if the same buyer is asking for the same seller contributed closing costs.  It's still the same closing costs, right.  And if it's something the seller doesn't want to do, they can counter back.

"You can't propose a 20% down payment, ostensibly the mark of a strong, qualified buyer, then ask for help with closing costs and still expect to be viewed as a strong buyer. That tells them you don't have the money"

No it doesn't.  It just means the buyers have budgeted 20% down, an 80% loan, and they want seller closing costs. 

Feb 02, 2010 04:33 AM
J. Philip Faranda
Howard Hanna Rand Realty - Yorktown Heights, NY
Associate Broker / Office Manager

Thanks for your comments. I can't speak to any markets other than New York, and my market area does have its unique characteristics. Of course the seller's bottom line is paramount and everything is subject to negotiation. But just because it is negotiable doesn't make it wise to do. A few thoughts:

  • Michael's example is actually one where a concession would be very workable and justified. 
  • My marketplace is one where it isn't uncommon to have starter homes cost 500-600k. Closing costs and prepaids on a purchase of that size can run $25,000 very easily. 
  • Once you go above the conventional threshold, LTV becomes even more of a sensitive subject than with a conventional or FHA transaction. Many attorneys in NY (and I can't exclude them) are very nervous about seller concessions or LTVs above 80%. Given the large amount of money involved, concessions can muddy up a deal, especially if there is an appraisal issue. 
  • In the example I referenced, the buyer made an offer in a multiple bid situation and initially did not ask for a concession. As a matter of fact, they represented that their cash position was very strong. When it came to negotiations, their introduction of a concession struck the seller as arbitrary; he scuttled their offer in favor of a cleaner deal. 
  • When I worked in a different market (Rochester, NY), seller concessions were common. We'd often take people with OK credit, a little money (3-5k), and get them into a starter home for under $100,000 via FHA and a good concession. Such a practice is foreign in the Metropolitan area. 
It's all local. Introducing a concession late in the game ranges from problematic to suicidal. In this example, it was a dumb move. I have nothing against the practice, but as Kim #18 said, the alpha negotiator thing applied in this case, and it backfired. 

Lewis #29- if they were the only buyer we'd have approached it differently. They weren't. I have 3 other offers. 
Cindy #13- If the concession fetches the buyer needed cash to close, it gets them over the hump. 
Carla,- If they started out budgeted that way it wouldn't have been an issue. In this case it struck the seller as a shell game. He had other options.  

Feb 02, 2010 05:12 AM
Anonymous
Anonymous

There is only one instance where, I might ask the seller to pay for some of the closing costs. This would occur only with a sponsor units and I would ask for the NYC and State transfer tax to be covered. This would be part of the negotiation if they will not budge on the asking price.

Feb 02, 2010 05:40 AM
#33
RJ Baxter
Clear Path Home Loans - Centennial, CO
303-670-0137

Personally, I don't think it necessarily comes across as a "gimme" to ask for concessions in this market, especially if full price or close to full price is offered on a home.  I hear what you're saying about NYC specifically, and agree that it would however be market-specific on how concessions are viewed..

Feb 02, 2010 05:42 AM
Jeremy Lehman
The Boutique Real Estate Group - Garden Grove, CA
Jeremy Lehman

Plain and simple, regardless of area and market, closing costs and other concessions are just part of the negotiating process. The sellers Net Proceeds should always be the most important part of the deal for the listing agent, and if they are getting what they want and the buyers are getting what they want, thats always a good deal.

Feb 02, 2010 06:16 AM
Darla Maddalone
Bend Oregon Homes Online-Principal Broker, SFR, CSP - Bend, OR

I agree with a number of the other posts in this blog...seller paid concessions are part of the negotiations.  "Need" really has nothing to do with it.  You had a good buyer with 20% down.  Upon the seller raising the price, the buyer wanted to negotiate some seller paid concessions - makes perfect sense.  The net to the seller is really the bottom line.  I hope your seller received the highest "net" proceeds on the sale.

   

Feb 02, 2010 07:29 AM
Joetta Fort
The DiGiorgio Group - Arvada, CO
Independent Broker, Homes Denver to Boulder

I've had the very same situation as you - the buyer added a request for concessions after agreeing to a higher price. The seller was not happy and waited for another offer. If the buyer's agent had explained the reasoning, maybe it would have worked.

Feb 02, 2010 07:41 AM
Ted Tyndall
Davidson Realty Inc. - Saint Augustine, FL
I will help You find the Home YOU want to Buy

I believe buying a house is like a car. You try and get the best deal you can. If you want to ask for closing cost paid there is nothing wrong with that. It is still the sellers perogative to say yes or no.

Feb 02, 2010 08:07 AM
Ron Parise
LocateHomes.com - Cape Coral, FL

Who pays each of the various costs to close a transaction is negotiable. I start from the position that a seller needs to prove that they actually own the property that they are trying to sell so the cost of a title search would normally be paid by the seller. Likewise the seller should pay for a title insurance policy to provide some "guarantee" of clear title to the buyer. In my market convention is that the seller pays for the deed stamps (transfer tax) The costs associated with a mortgage should be paid by the buyer.  But all that stuff is negotiable. and I wouldnt read anything into it except that both parties want to get the best deal for themselves that they can

Feb 02, 2010 08:54 AM
Anonymous
Gregory Pikor

Hi Phil,

 

Nice to see you on here, I just joined two days ago.  Once I get my picture up I will be blogging soon.  I enjoyed your blog.

Feb 02, 2010 10:55 AM
#41
Jennifer Fivelsdal
JFIVE Home Realty LLC | 845-758-6842|162 Deer Run Rd Red Hook NY 12571 - Rhinebeck, NY
Mid Hudson Valley real estate connection

Phil In my area of NY most sellers are not crazy about the concession, now especially that values have dropped and appraisers are more conservative in their valuation.  In a  case with multiple bids the seller would more likely go for the one without the concession.  From my observation here, there are many regional differences in the transaction process.

Feb 02, 2010 02:48 PM
J. Philip Faranda
Howard Hanna Rand Realty - Yorktown Heights, NY
Associate Broker / Office Manager

Jennifer- Interestingly, you and most of the NY agents see it more my way than not. Eileen Hsu never sees them. That says something. 

Feb 02, 2010 03:12 PM
Ruthmarie Hicks
Keller Williams NY Realty - 120 Bloomingdale Road #101, White Plains NY 10605 - White Plains, NY

This is what my sponsoring broker at Keller calls the "closed fist" of real estate sales.  I agree that this type of concession is not going over well with sellers.  I've had instances of buyers making this type of request.  It is a sympthom of the "vulture tendency" with respect to buyers right now - thinking they can steal a house - and one of the pieces of that puzzle in their mind is the closing costs.  At the end of the day it becomes an issue of whether or not there are other offers on the table.  If nothing else is out there and the market is glutted and the seller needs to sell, some sellers will find themselves backed into a corner.  At the end of the day - I think the seller needs to look at what they are taking away from the table - in every sense of the word.  There is of course the issue of whether the buyer would qualify when closing costs are on the table.  As for it being a "gimmie."  I'm seeing a ton of that from every quarter.  Heck, I've had people go 10 rounds over miniblinds.

Feb 02, 2010 07:44 PM
Lisa Schmitt
Coldwell Banker Honig-Bell - Plainfield, IL

I largely disagree with the original post, but in my  marketplace it's very common, almost expect, for a seller to give concessions.

To me, the bottom line is the bottom line. How you get there doesn't much matter as long as both parties are satisfied.

Feb 03, 2010 02:21 PM
Anonymous
final offer

To me, the "local market" issue underlies most of the resistance to seller's concessions. Places that are accustomed to being sellers' markets (Manhattan, Westchester vs. Rochester, Atlanta) could always dismiss the complex transaction in favor of the easier one waiting next in line. But as in any marketplace - real estate, equities, emissions, whatever - supply and demand pressures eventually prevail over custom. And these days -- even in tony Irvington -- the line of buyer's is practically non-existent. But sellers' primary interest are still the same: net proceeds. And listing agent duty to advise and advocate for them accordingly is also the same. The buyer's primary interest is still in getting the best possible deal the market will allow (avoiding PMI, having cash reserves, having the ability to improve a property are all in the picture; frankly, so is being a bit greedy). Buyer's agents should always advocate and facilitate their client's final offer - whether commonplace or unheard of - if for no other reason than the seller's rights. As long as the buyer's ability to pay has been verified, the rest of the debate is really more about coming to grips culturally with a buyer's market than what constitutes a "proper" or "improper" offer for a home. Never fear...the table's will turn eventually and we'll be gazing over the Hudson debating the place of "buyer's concessions". But first we have to let the market run its course. (And the sooner the better.)

May 21, 2010 06:00 PM
#47
Paul Gapski
Berkshire Hathaway / Prudential Ca Realty - El Cajon, CA
619-504-8999,#1 Resource SD Relo
 

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Mar 27, 2012 12:32 AM