Special offer

Is "Highest and Best" a Scam?

By
Real Estate Agent with RE/MAX Revolution

"Mr/Mrs Buyer, there are multiple offers on this property and the Seller has asked for our highest and best offer."

More often than not, my Buyers in this situation automatically think that the Seller is trying to pull something over on them. "Jay, do they REALLY have other offers or are they just trying to jack our price up?"

 

Highest and Best Offer

Well, let's think about it for a moment. A few things can happen here:

1) A greedy Seller gets two GOOD offers, rejects them both for "highest and best" and they BOTH walk away. uh oh, not good.

2) A Buyer is forced to cut through the game and get right to his/her best price. Game over. (This is a good thing!)

3) During the Highest and Best period, NEW BUYERS could come into the game and toss their hats in the ring. Now my Buyer's chance of winning the property just went down.

 

Is the Highest and Best a good choice for a seller?
Good question! (I'd love to hear your comments on this below because everyone has their game plan.) My coaching to my SELLER is to look back at the GOALS we established at the beginning of this process. Will any of these offers get me there without going to highest and best? If so, pick that one and take a bird-in-hand. If they are all low-ball and our goals are not met, yes let's go with highest and best.

 

Is Highest and Best good for a Buyer?
The easy answer is "NO, of course not!! Now we are bidding against more people!" But let's think about this... My Buyer has a goal, just like a Seller does. Yes, we want to get a "deal" for our Buyers but there is something to be said for keeping our eyes on the ball and putting our best foot forward. Here is my best coaching moment for my Buyer in a highest and best situation:

"Mr/Mrs Buyer, here is what we are going to do: Let's forget about the other 8 people bidding on this property. We don't know anything about them or their motives so we cannot accurately make any assumptions about what they are going to do. The only thing we can control is OUR MOVE. We will go in with our VERY BEST number right now. The way we know this is our best number is if we LOSE this deal, you will be 100% OK with it, knowing that you did the very best you could and left every penny on that table. Can you do that for me, Mr/Mrs Buyer? What number will give you that comfort when we get the results of this back tomorrow?"


So, is this a cruel game that banks/agents/sellers play with us?
No.

An agent has a reputation to uphold and cannot be known as the agent crying wolf about highest and best every time. Plus, we have seen above that there is some risk in going this road for a Seller if there aren't good reasons for it.

 

Put your best foot forward and go get some properties with your HIGHEST AND BEST! 

Posted by

  Jay O'Brien, Kansas City : Social Media Guy (RE/MAX Revolution)Jay O'Brien
 
RE/MAX Revolution, Kansas City, Missouri

  www.JayTheHomeGuy.com

 

Brenda Mullen
RE/MAX Associates - San Antonio, TX
Your San Antonio TX Real Estate Agent!!

Love this and was actually thinking about writing a post about it myself.  Highest and Best almost always puts the buyer on the defensive.  It forces them to make decisions on whether they reallly, really want the property or not.  I would think that a listing agent would not play this game if it were not true.  In fact, it would be a terrible move on them if they were lying...

Why, because many times buyers, although they want the home, do not want to feel forced into a position of paying more for the home than they think it's worth.  A highest and best call can back fire on the listing agent and leave them with zero offers.  

Suggested!

Aug 22, 2012 12:51 AM
Broker Patty Da Silva Da Silva
Green Realty Properties® - 954-667-7253 - Cooper City, FL
Top Listing Broker

Great advice given to your Buyers Jay. With short sale (which I do a lot), best is more often what we look for than higher. We already know what the lender wants in price, so we focus on the other terms and usually go with the offer that has the highest deposit and least amount of contingencies.

Aug 22, 2012 12:52 AM
Frank Castaldini
Compass - San Francisco, CA
Realtor - Homes for Sale in San Francisco

I wouldn't call it a scam.  I would call it playing poker.  Buyers want it for less.  Seller more and there is a game to be played aound the final sales price.  Mostly it's important to know the players (agents) to determine what may really be going on.  In the final analysis the listing agent is doing what he or she is hired to do: get the best price, best terms, and get the house sold.

Frank Castaldini 415.846.1899

San Francisco Leanding Realtor and Trusted Advisor

Aug 22, 2012 12:52 AM
Margaret Goss
@Properties - Winnetka, IL
Chicago's North Shore & Winnetka Real Estate

This is a tricky situation indeed.  Buyers often don't believe that there are more offers and get more defensive. 

You are right in coaching your client, whether it's the buyer or seller, beforehand.  Then if it happens, they are ready with a plan.

Aug 22, 2012 12:52 AM
Gary Frimann, CRS, GRI, SRES
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
REALTOR and Broker

I don't think it is a scam.  It is a good position to be in, quite frankly, for the seller.  When faced with it, however, the seller should definitely look at which one has the best chance of closing.

Aug 22, 2012 12:54 AM
Bryan Robertson
Los Altos, CA

Situations like this are great for the seller but not so good for the buyer.  I'm fine with this, except when the listing agent "plays" the buyers in an effort to drive the price up.  I had that happen a few days ago when the listing agent called back on our offer indicating more buyers telling us to bring out "highest and best".  I told my clients to wait, the other buyer disappeared, and we got a reasonable price.

Aug 22, 2012 12:57 AM
Nancy Conner
Olympia, WA
Olympia/Thurston County WA
You've got a great analysis here of the pros and cons of a seller doing this, and how best the buyer should think through their response to a "bidding war" scenario. I've seen buyers really disappointed when they don't give their best shot on a house they really want - only to find out when the sale closes that the price was less than they would have been willing to pay. But some buyers just truly hate the thought of having to compete - so I've also seen that call for highest and best leave the seller with nobody willing to play... Both sides just have to think about the risks and make decisions accordingly.
Aug 22, 2012 01:38 AM
Lynn B. Friedman CRS Atlanta, GA 404-617-6375
Atlanta Homes ODAT Realty - Love our Great City - Love our Clients! Buckhead - Midtown - Westside - Atlanta, GA
Concierge Service for Our Atlanta Sellers & Buyers

Dear Jay -

One comment stands out among all the good comments above:
... the seller should definitely look at which one has the best chance of closing. Gary Frimann #5
Have a happy day -
Lynn

Mar 13, 2013 01:13 AM
Anonymous
Bill Cox
As a buyer who is going thru this it's crap!!! I had a property that no one put any offer in on for over 90 days then when i put my offer in wow in one day there are mutiable offers and now the want biggest and best, CRAP.
Apr 06, 2014 10:36 PM
#9