Special offer

Pre-Emptive Offers - Strategic or Desperate?

By
Real Estate Agent with Coldwell Banker Residential Brokerage BRE#01732313
Scale with Gold CoinsA fast paced market often results in posted due dates for offers. Submitting an offer in advance of those due dates can be an advantage, or not ......for either party. Agents can be caught a bit in the middle in these situations. 
 
On the listing side, an agent is charged with getting the best price and terms for their seller. Without full market exposure, it can be argued that the true market value may not be realized, and that multiple buyers will drive the purchase price well over list price. Is the seller leaving money on the table by taking a preemptive offer?
 
Buyers and their agents can become frustrated and anxious competing for homes when limited inventory and increasing prices reflect current market conditions. Some buyers want to entice sellers to take their offers immediately before others have seen it, and immediately wipe out any competition.
 
So what do agents do? Well, it depends on who you are representing. If it's the seller, you have an obligation to present any offers received. The seller can decide if they want to entertain any that arrive in advance of the posted offer due date. If they accept one, the seller's agent has the unenviable task of communicating to the real estate community and other potential buyers that the home is no longer available. Some will cry, unfair! But the seller does have the ability to make such a decision.
 
When representing a buyer, proper counsel must be given. Pre-Emptive offers can be risky propositions. Coming in too low may prompt the seller to deliver an absolute NO, and give them a negative opinion of the buyer and/or their agent. Future offer attempts by that buyer may be met with skepticism.  On the other hand, submitting an offer the seller "can't refuse", may cause the buyer to overpay for the property.
 
There are circumstances where this technique may be advantageous for both sides. Weigh your options, and proceed with caution!
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I haven't seen to many of these listings in Charlotte to-date despite a strong market and very low inventory. I do see deadlines for offer submissions on foreclosure and short sale homes on occasion when they have received a plethora of offers.

Jun 21, 2013 11:04 PM
Dee Toohey
Innovative Realty Solutions Group - Longwood, FL
Broker, ABR, AHWD, CIPS, FMS, ePro

There is never a point to upsetting the seller with a lowball offer.  Buyers agents should advise there customers to put in their highest and best offer in my market because we have a very low inventory.  Most sellers will just reject lowball offers.  They won't even bother to negotiate them. 

I recently had one such offer on a listing, the seller ignore it.  Other offers came in and then the buyer came back with an offer that would have been accepted if it was sent two weeks prior instead of that low offer.  However, the seller had just accepted another offer.  The buyer was upset.  You snooze, you lose.

Jun 21, 2013 11:04 PM
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

Interesting post.  This is something we have not had to deal with in our business but I can see where it could be a problem.  I guess it's similar to an auction, if you get the home the nagging feeling is "did I pay too much?"

Jun 21, 2013 11:20 PM
Brian Schulman
Coldwell Banker Residential Brokerage, Lancaster PA - Lancaster, PA
Lancaster County PA RealEstate Expert 717-951-5552

I don't like having to tell prospective buyers that there are other offers coming.  At least one buyer accused me of trying to jack the offering price up.  Now I tell them, do whatever you think best, I'm just giving you the most current information available.

Jun 21, 2013 11:37 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

As a listing agent, I look for price sure...but lets not forgot the other legs on the stool either...We want to perform in a prescribed time with little or no hiccuping...

Jun 21, 2013 11:39 PM
Carol Zingone
Berkshire Hathaway Home Services Florida Network Realty - Jacksonville Beach, FL
Global Realtor in Jax Beach, FL - ABR, CRS, CIPS
Pre-emptive offers can show the buyer's cards too early,and raise expectations....
Jun 22, 2013 12:44 AM
Gay E. Rosen
Julia B. Fee Sotheby's International Realty - Larchmont, NY
As Real as Real Estate Gets!

Karen.. the market is crazy.. In our area. a property came onto the market, . Someone came in and offered a bid too good to refuse the first day and the owner accepted it. However, other agents discovered what had happened , cried foul. and then placed their own bids.. The seller proceeded with the first buyer (all signed within 2 days)  and lost on a few extra Hundred Thousand dollars.  The listing agent was not a local agent, and did not realize what she could have obtained for her seller...

Jun 22, 2013 12:59 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

As a buyers agent you always want the seller to accept your offer but the sellers are not stupid nor living in a bubble. They've heard how the market is & at least they owe it to themselves for one go around with a bidding war.

Jun 22, 2013 01:01 AM
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

Here are my thoughts. It is a seller's market. I prep my buyer to make their highest and best offer if they really want the home.

Jun 22, 2013 03:51 AM
Rekha Vyas
Keller Williams Realty of Brevard - Melbourne, FL

The purpose of a pre-emptive offer should be to wipe out the competition. No point in making a low ball offer where the seller "respectfully declines". The buyer can put in an appraisal contingency to avoid overpaying for the property. This works well for buyers who need financing.

Jun 22, 2013 07:12 AM
Greg Mona
West USA Realty - Scottsdale, AZ
Professional Real Estate Representation for YOU!

Karen - Hello again, my Livermore friend!  In our local market, if one is going to make a pre-emptive offer it had better be a darn good one!  Things are still moving very quickly here and multiple offers on desirable properties is still happening all over.  When working with buyers, we do our best to educate them about the current market and what making offers will entail to have a shot.  Conversely, it is (almost) amusing when our sellers say they are "insulted" when an offer just a few percentage points below list comes in!  Again, we have to do some educating with them as well.  Great post!

Jun 22, 2013 07:36 AM
Karen Crowson
Coldwell Banker Residential Brokerage - Rancho Bernardo, CA
Your Agent for Change

Ralph - thank you, I appreciate that.

Michelle - I agree, or I would try and talk the buyer out of writing one.

Jay & Michelle - that's been my experience as well.

Hella - No, and why should it? They'd feel as if they were leaving money on the table, and most probably, they would be.

Lenn - And they say buyers are fickle ;)  Sellers reserve the right to change their minds as well.

Edward - I agree, and most of them do want to give it at least that long.

Than - I guess California will always have the reputation for a little bit of crazy ;)

Michael - Many a seller has changed their mind during the listing period. Sometimes they decide not to sell at all!

 

Jun 22, 2013 09:58 AM
Jimmy Faulkner
Florida. Homes Realty & Mortgage - Wantagh, NY
The Best Of St. Augustine

In a wild market like this you have to take your chances. If you wait too long than you can lose the market and the house becomes dull. The best offers usually come early.

Jun 22, 2013 11:29 AM
David Shamansky
US Mortgages - David Shamansky - Highlands Ranch, CO
Creative, Aggressive & 560 FICO - OK, Colorado Mtg

Interesting. I guess when you find the place you want you may need to be creative at times to ensure YOU are the one with the winning bid!

Jun 22, 2013 12:21 PM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

"There are circumstances where this technique may be advantageous for both sides. Weigh your options, and proceed with caution!"  This is a very good post and I think that this quote says it all for me.

Jun 22, 2013 01:00 PM
Laura Allen, Lake Tahoe - Truckee Real Estate for Sale TahoeLauraRealEstate.com
Coldwell Banker Realty, Tahoe City, CA (530) 414-1260 - Tahoe City, CA
Tahoe Real Estate Agent Helping Buyers and Sellers

Karen - We have a difficult job these days, so many options, and opportunities and each one comes with pros and cons.  Great post!

Jun 23, 2013 05:04 AM
Lloyd Binen
Certified Realty Services - Saratoga, CA
Silicon Valley Realtor since 1976; 408-373-4411

Karen, most listing agents in Silicon Valley have explained the advantages and disadvantages to the seller during the listing presentation and sellers almost always decide to not entertain pre-emptive offers.  

Jun 23, 2013 07:10 AM
Maureen Megowan
Remax Estate Properties - - Palos Verdes Estates, CA
Palos Verdes Real Estate Blog

I think that submitting an offer with a very short time fuse for the sellers acceptance can work in many markets.

Jun 24, 2013 08:27 AM
Norma Toering Broker for Palos Verdes and Beach Cities
Charlemagne International Properties - Rancho Palos Verdes, CA
Palos Verdes Luxury Homes in L.A.

Hi Karen -  Hope you're doing well!  Good post and hope to see you back posting more frequently on AR.

Jul 01, 2013 09:43 AM
1~Judi Barrett
Integrity Real Estate Services 116 SE AVE N, Idabel, OK 74745 - Idabel, OK
BS Ed, Integrity Real Estate Services -IDABEL OK

The factors can change from day to day, always wise for a client to listen to their agent. Nicely done.

Jul 16, 2013 07:34 AM