Special offer

All's Fair in Love and War --- What About Real Estate Negotiations?

By
Real Estate Agent with BrokerInTrust Real Estate Cal BRE #01345507

all is fairA few months ago I had clients from the East Coast impatiently looking for a home.  They had been in a rental for close to a year and we were pretty much at the end of our rope, well I was anyway. 

I had them set up on automatic MLS alerts. One morning I get an early AM email from Mrs. Buyer.  She has sent me not one or two, but five emails, in shear panic that her dream house is finally on the market.  I pull up the listing and it's not really in their price range.  Let me restate that, it's in her price range, but not her husband's price range.  As I read her frantic emails, she is scheming to be the first to see this brand new listing. 

So I call the listing agent to set up an appointment and the agent has this "whatever" attitude.  She doesn't work in our town, but she agrees to show us the house that morning.  The house is really perfect, it's everything and more that my clients want.  It's a custom home in a sea of cookie cutter houses which is hard to find even in the two million plus range.  I know this is hard to believe, but it's true.

She wants to write an offer, right then, right there.  I ask her, "don't you want your husband to see the house first"?  I can't print her actual response but basically it was "no".  She wants to write a full price offer and she wants this house no matter what.  I go back to my office and pull the comps.  The house is actually priced nicely.  It was listed before at a ridiculously high price by a different agent and sat on the market for over a year.  When it expired the out of town agent re-listed the house at a very fair price.  I get this strange feeling, something is weird here; Calabasas is a cliquish place for real estate.  Most of the homes in the over two million range are listed by a local agent, not some out of towner.

I pull the property profile and everything looks in order, the sellers have owned the house for about ten years and the mortgages aren't new and there is no pre-foreclosure activity.  I always do a little research on the other agent before I write an offer and this one has no website, no blog, no google, no nothing.  There was just one mention about her on the broker's website.  I then check the DRE website and see that the agent is brand new.  She had just received her license.  So now that I know who I'm dealing with I give her a call to say that I'm writing an offer and try to find out any tidbit of information.

She is a cold fish; she doesn't give me any clues to anything.  In our little town, where most of the agents know each other, this initial phone call is critical.  So I write the offer not knowing much more than what is on the listing and send it off for signatures.  I figure, it's close to a full price offer, the house has been on the market only a few hours, the market had slowed down, it would be a done deal by the end of the day. 

No such luck.  I don't hear anything from the other agent so I call to follow up.  She did receive the offer but says she has one other offer in her hand and has another on the way.  She also tells me that she will be meeting with her seller's to go over the offers the next day.  How bizarre is this?  This is not a seller's market, and this house is priced nicely, not under priced by any stretch.  My buyer has already called me several times to find out if I've heard anything.  I call her and tell her what I do know.  She is beyond freaking out, "I don't care what we have to do, I want this house!"  I get it, I really do, but for now we just have to wait for the counter offer.

The next day, I hear nothing from the seller's agent, so I call her again.  I ask her when I can expect a counter offer.  And she replies, "Oh, you won't be getting a counter offer, we just want your best and final offer by 5:00 PM tomorrow".  "Huh?"  Now I don't know if this agent is so new that she doesn't have a clue what she is doing or if her broker who is not new, is giving her some brilliant advice that I've never heard of in my 25 years in real estate.  Basically she's letting all the offers expire so she has nothing and she's asking everyone to write entirely new offers.  Even when our market was a mega sellers market, I never saw this tactic.  It's risky, especially in this price range when you're dealing with huge egos.  The house is nice, and it's priced nice, but it's not super incredible or priced below market. 

So I think stealthy now, what can I do to find out what the heck is really going on.  Who are these people and what is this agent up to?  I grab the expired listing and call the first listing agent who I know slightly.  After exchanging niceties, I ask her what ever happened with her listing on B Street.  She explains that the seller's weren't all that motivated to move last year so they didn't budge on the high listing price.  When their niece finally got her Real Estate license, they decided to list with her even though she wasn't from the area.  After some more investigative questioning, I find out that the time factor and repair contingency are the big issue for the sellers.  The house has some deferred maintenance and the seller's would rather give a monetary adjustment than arrange for repairs.  Apparently they are in the middle of some sort of "situation" and now is the time to move. 

With these tiny morsels of information, I go back to my buyers and we write an offer that was not only our best and final, but ultimately gets this house.  Here is what we wrote:  We did increase our offer price, but in the whole scheme of things, it wasn't huge.  But what we did do is write that the house would be purchased "as is".  Our plans were to have a professional property inspection, and the opportunity to cancel the transaction should something major turn up, but we would ask for no repairs. We also asked for a short escrow period and gave the seller's three extra days after closing to move.  In addition, we sent proof of funds to close, the mortgage pre-qualification letter and two back up methods of funding the loan so that the sellers knew the transaction was solid and we were serious buyers.

After this transaction finally closed and I had formed some sort of relationship with this out of town agent, I asked her what the story was regarding those initial negotiations.  As it turned out, her non-response and no counter offer did scare away one of the "would be" buyers.  So that left only two best and final offers.  They were the same offer price, but because we had not asked for repairs and had given them the extra three days, plus the back up funding options, ours was the accepted offer.

The whole point of this very long winded post is there is more than one way to skin a cat.  Just because the listing agent doesn't give you information, there are always other ways to figure out what is going on.  Sometimes you have to dig deep to figure out what the seller motivation is and sometimes that includes talking to neighbors or previous listing agents.

Even though our market has changed to more of a buyer's market, it still pays to think out of the box when you're looking for solutions to your every day transactions.  Our product is still service, not the house.  If you plan on selling real estate for the long haul, this type of thinking will always get you repeat clients and referrals. 

My clients have since moved into their dream house.  I was invited to their Fourth of July BBQ and it was so nice to see them settled in and enjoying their new home. They introduced me to their friends as the miracle worker agent and it felt good. 

John Hurlbut
Keller Williams - Puyallup - Puyallup, WA

Glad it worked out for you, but in my opinion, the prior agent breached their duty of confidentiality to the seller, regardless of whether or not they were currently representing them.

Jul 23, 2007 06:10 AM
Chuck Christensen
Your Financial Coach - Bellingham, WA

When the buying agent continues to call, that means they are very anxious to get the transaction, that means they will probable talk the client into raising the offer...and it worked...I am pretty sure that the Broker came up with that clever idea....

Jul 23, 2007 06:17 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!
First of all, I love the Tshirt! Very clever visual. Yes, I agree with John, if the prior agent was a seller's agent then she did breach her duty. But you as the buyers agent did what you were supposed to do for your client. I always try to get the info from the listing agent to use in behalf of our buyer and visa versa. You did a great job in getting the house for your buyer. You did good! And it is a good post. Katerina
Jul 23, 2007 06:20 AM
Tracey Thomas
BrokerInTrust Real Estate - Calabasas, CA
CA Real Estate Broker
John - You bring up an interesting point and it did cross my mind as I wrote this post.  All I can say about this is sometimes it's not what you know, it's who you know....and when I'm working for a client, I'll dig deep to find out info if it helps the negotiations.
Jul 23, 2007 06:22 AM
Richard Dolbeare
Inactive - Wailuku, HI
Living the Hawaii Lifestyle
Hi Tracy.  An interesting story and I read the whole thing.  I'm glad yours had a happy ending for you and your clients.  In Hawaii, all offers are required to be presented "immediately" instead of waiting to accumulate others. 
Jul 23, 2007 06:29 AM
Tracey Thomas
BrokerInTrust Real Estate - Calabasas, CA
CA Real Estate Broker

Richard - Here in CA offers have to be presented immediately also.  In this case the seller's wanted to sit down with their agent and go over the offers at the same time. 

Chuck - I totally understand and agree.  But the seller's tactic was risky because the Purchase Agreement here in CA has a definite expiration date.  Once the offer has expired a new offer has to be written.  I think it's better to counter the buyer and keep them engaged.  It's very frustrating for a buyer to be told "I want your best and final" and get nothing back in writing.  In this case one buyer did walk away. Plus in this price range you're dealing with huge egos on all sides so it's a process that you handle with kid gloves. These are not first time home buyers who will listen to your advice, these are experienced buyers.  

Nestor and Kataerina -There is so much of the negotiations that are done behind the scenes...I wonder if a post on this subject would be good, or would it just open up a huge can of worms.  It definitely would be controversial since we all have different opinions on inner workings of a transaction.  Thanks for the comment.

Jul 23, 2007 06:58 AM
Bill Gillhespy
16 Sunview Blvd - Fort Myers Beach, FL
Fort Myers Beach Realtor, Fort Myers Beach Agent - Homes & Condos
Traccey, Cool shirt !  Very thurrow job for your buyers.  The neice/agent probably wasn't aware of the nature of the negotiations ( given her newness, price range, etc ) and at least found a way not to get in the way of the deal.
Jul 23, 2007 07:20 AM
Lola Audu
Lola Audu~Audu Real Estate~Grand Rapids, MI Real Estate - Grand Rapids, MI
Audu Real Estate~Grand Rapids, MI ~Welcome Home!
Hi Tracey, Excellent story and I'm glad that you had a good result!  It pays to be persistent sometimes.
Jul 23, 2007 01:53 PM
Cait ODonnell Donohue
Red Key Realty Leaders - Frontenac, MO
I agree with John. I don't think the other agent should have given you that information. The new agent might have been a cold fish but she was better at keeping her clients information private than thr more experienced agent
Jul 23, 2007 02:25 PM
Bob Sloop, Consultant, Indianapolis, IN
RS Mortgage Consulting - Indianapolis, IN
Tracey, you really like telling it like it is don't ya...?  Well I agree, great post. 
Jul 23, 2007 02:54 PM
Margaret Woda
Long & Foster Real Estate, Inc. - Crofton, MD
Maryland Real Estate & Military Relocation
Tracey, I think you could market those shirts on eBay to real estate agents, and make some pocket change!  I don't usually make it through long posts, but you kept my attention the whole way.  'Sounds like you did a GREAT job for your clients.  Congrats!  That's how you earn referrals.
Jul 24, 2007 12:57 AM
Harold Watts
Teles Properties - Palm Springs, CA
Palm Springs Real Estate Blog

Tracey,

Great job on closing the transaction!!!  You did what you needed to do in the best interest of your client.  There is so much information on any property, you just need know where to dig.  Have a great day!!

Jul 24, 2007 02:38 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

I have used this to get the best offers on the table only when we have more than one offer with escalator clauses. I ask the seller permission to advise all agents that this is a multi offer situation and that we want all best offers presented and we will have a decision within 24 hours. It does help in this type of situation and it stops the calls for hours upon hours of escalator clauses and counters.

Jul 24, 2007 06:09 PM
Diane Velikis
Coldwell & Banker Busch Real Estate - Luzerne, PA
Luzerne County Real Estate
Hi Tracy, Aways interesting to learn how agents handle difficult situations. Great Job
Jul 26, 2007 12:28 AM
Toni Hogan
ToniHogan.com - Houston, TX

I am going through my pre-licensing stuff and I don't see references to this type of situation anywhere. LOL! Seriously, this post is a great lesson for me. I am so glad I found AR and agents like you who are willing to share your experiences.

You don't learn this stuff in a classroom. Thanks Tracey!

Jul 27, 2007 02:27 PM