The big term for the last several years was "Win..Win!"  In today's market it is a total loser.  It represents an agent that does not know the basics of negotiating, and is a capitulation in representing your client's needs.  If an agent has a signed agency with a buyer or seller, the responsibility of the agent is to get the best possible terms.  It does not mean that there should be concern for the other party that you have absolutely no obligation to represent under the law.  You should treat them fairly, and in a professional matter.  However, you can only represent your clients issue under the law.  This is real estate 101, and the way it always used to be before it got stupid.

So many of today's agents whine when they get a low offer, they should be grateful.  Then next thing they need to do is roll up their sleeves and prepare to work for their client's best interest until the deal closes.  Remember those big commissions we are paid?  There is a reason that we paid so much, it is our skill.  There is an old saying in real estate that was forgotten in the recent markets.  It is making a big comeback, and it is called "Everything is negotiable!"  Get used to it; it's going to be around for a real long time.  Whatever both parties agree to, as long as it is legal is fair game.  Closing costs, transfer tax, home warranties, repairs, termite bonds etc.  If you do not know how to ask, you cannot ever get them!  Remember nothing is sacred!  Sellers need to stop pouting when they get a low offer, it is not an insult - they need to get over it real quick and turn on the news.  Take a number you are not alone.  The key is to have a strategy to obtain the best possible outcome for your own clients needs.

  • Make sure your agent has lots of experience.  (At least 30 - 40 closed deals)
  • Have agent provide references and testimonials.  
  • Offers are not insults - it is the current market we are in.
  • Deal with the contract facts - do not read more into them.
  • Verify all items - qualifications etc.
  • Do not posture that you have other offers.
  • Try to find out the other parties needs or hot buttons.
  • Go for a quick close 2-3 weeks when possible.
  • Do not allow a pre-occupancy ever.
  • Never negotiate out of weakness.
  • Before you list your home, understand the realities of your market adn price range.
  • Listen to the advice of your experienced agent.

 

Jim Crawford REMAX

RE/MAX Greater Atlanta  770-238-0122 Direct

Or  888-992-5546 Toll Free Office

Atlanta Real Estate & Atlanta Homes for Sale

 
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36 Comments on Win Win is a Loser!

MAY
06
2008
Great advice - everything is negotiable and this is where the industry needs really professional and experienced Realtors!
9:57am • #1
225,479 Points 2 Featured Posts Outside Blog
Jim- you are right about everything, except the closing in two to three weeks.  I have yet to find loan officers that can make it happen that fast on a regular basis. 
10:04am • #2
216,750 Points 1 Featured Post Localism Sponsor Outside Blog
Norning Jim,  Excellent post and very realistic !  Lots of agents simply will not get the gist of your post!
10:04am • #3
Localism Sponsor
Great advice.  I agree.  I can't stand it when these agent's are mad at other agents for bring a low offer.  I am not representing their client.  I am representing mine and looking for the best possible deal.  Their obligation is to present the offer to the seller.
10:04am • #4
846,399 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router
Forget fair.  Neither I nor my client have any reason to be "fair" to the other side.  Even the NAR took "fair" out of the COE.  We treat the parties honestly, but it's perfectly reasonable to go for the jugular. 
10:10am • #5

One of my favorite sayings and a rule to live by "Everything is negotiable!"

I ask for discounts and deals every day. I recently had a surgeon write off a $5000 bill owed to him...Just by asking!

If you don't ask you don't get.

Great post!

10:14am • #6
totally agree with you...i still run into agents who think price is the only thing the 2 parties need to agree on...in this market, i think terms is sometimes even more important than price
10:27am • #7
108,582 Points 3 Featured Posts

Excellent post Jim and definitely to the point!  You are right, everything is negotiable and sellers and their agents need to focus on negotiating not whining.  I have run across a few sellers recently that have forgotten it is a buyer's market and are insulted with the offers they receive from buyers.  Get over it!  If you don't want to sell your house than don't!

10:31am • #8
144,844 Points 13 Featured Posts

I agree with Lenn.  Nothing is about fair, it's about what the market dictates you do.  Was it fair during the boom that buyer's paid over asking. No, but they did.

The same is true now.  Is it fair that seller's bring cash to close. Nope, but that is what the market has decided.

I negotiate hard for my clients, but I do detest agents that are rude in an attempt to "negotiate hard" for their clients.

11:05am • #9
216,140 Points 1 Featured Post Outside Blog
Jim - it's all about negotiations - If you can remove or mitigate the impact of adverse conditions or stipulations in an offer by negotiation you will be very successful in the industry.
11:09am • #10

Jim,

  A very excellent bit of information. This is Reality in Real Estate. Everyone does need to buckle down and get the job done.

11:14am • #11
1 Featured Post
Jim: I agree with you.  In this market, an offer is an offer, no matter how low.  It should be looked at as a place to begin a civilized negotiation.  Unfortunately, sometimes the sellers agents respond emotionally, and rudely, and this can only hurt their sellers. We are all trying to do the same, get the best deal for the client we represent!
1:15pm • #12
610,658 Points 80 Featured Posts Outside Blog
Thomas Scott - Showhomes   This it the type of market that allows those with real experience to shine.
3:02pm • #13
610,658 Points 80 Featured Posts Outside Blog

Owensboro,Kentucky- Real Estate-Vickie McCartney,Broker,ASP,ABR,E-Pro   Have your financing in place first,a nd this is mainly for cash buyers.  When a seller can see light at the end of the tunnel they will move forward.

3:04pm • #14
610,658 Points 80 Featured Posts Outside Blog

Bill Gillhespy Fort Myers Beach Realtor  Well most of the agents that were in this last market got caught up with the "real estate gurus' that haven't sold real estate in a real long time.  This is a market where a lot of stuff will not work!  If you stage an overpriced home, it still will not sell no matter how good it looks.  Face it, a market that can not sell new home models won't sell an overpriced pretty listing.

3:07pm • #15
610,658 Points 80 Featured Posts Outside Blog

Maria Holland  The listing agents need to thank you, and present the offer without postering to you.

3:08pm • #16
610,658 Points 80 Featured Posts Outside Blog
Homefinders.com, Maryland and Virginia Real Estate, Lenn Harley, Broker   Lenn, forgive me...I've been away from New York for too long.  You are totally correct.  "Go for the jugular!"
3:10pm • #17
610,658 Points 80 Featured Posts Outside Blog

David Swierczynski, Lake County, IL Realtor  Ask for everything.  In negotiating with foreigners, the way you are taught is when selling list high, and concede little.  When buying, offer low and concede little.  Americans have gotten into this erroneous thinking of "win win!"  It came from group think on the assembly lines.   That is why this great nation has totally lost its competitive edge.

3:14pm • #18
610,658 Points 80 Featured Posts Outside Blog
Colorado Springs Realty Patricia Beck  Many sellers will win a skirmish and lost the battle.  They pick and chose the wrong items and then get insulted way too easily.  NEXT!
3:17pm • #20
610,658 Points 80 Featured Posts Outside Blog
Melina Tomson, M.S. Salem Oregon Real Estate Specialist  Sometimes what we call "rude" is just hardball negotiations.  Some agents stay on the attack, and that is their technique.  It can be done more subtly.
3:20pm • #21
610,658 Points 80 Featured Posts Outside Blog

  Kathy Clulow ASP® SRES®  I had an agent years ago that had a special stip in the purchase offer the home was contingent upon an appraisal for at least sales price, and if the appraisal came in lower they could buy at the lower price.    There was risk in that verbiage for our seller.  So I wanted it removed, but instead of striking the stip, I conditioned it.  It the home appraised for more than purchase price...the buyer would pay the higher price.  The buyer's agent did not like.  I asked why?  She said it wasn't fair... and I said it was as fair as your offer.  On the next go around... the clause was struck entirely from the other side.  "contingent upon an appraisal for at least sales price...!"

3:25pm • #22
610,658 Points 80 Featured Posts Outside Blog
Doug Fritchie  Right!  Let's just do the best job possible!
3:26pm • #23
610,658 Points 80 Featured Posts Outside Blog

Diana Corcoran - Rhinebeck Real Estate  In a deal where each party is represented by so called professionals...they both should have prepared the parties for the likely chain of events that would take place in this current market.  If a home is overpriced by 50K, why would I not offer what market price should be?  Why is the home even on the market?  This is what happens to agents that 'bought overpriced listings' so they could have a sign in the lawn.

3:30pm • #24
1 Featured Post

Jim,

 

Everything is negotiable - that is a great way of saying "You are special-and so am I!"

 

Steve

4:59pm • #25
610,658 Points 80 Featured Posts Outside Blog
Obeoman Steven Stearns  I love it!   "You are special-and so am I!"
5:51pm • #26
125,809 Points 3 Featured Posts Localism Sponsor Outside Blog
I agree with you that sellers should be grateful about an offer! Then let's start negotiating! Do listing agents and their sellers REALLY think in this market that buyers aren't going to at least try to get a great deal? The agents seem shocked that the offers don't come in list price and seem to take it personally. Great post as usual Jim!
7:27pm • #27
703,271 Points 72 Featured Posts Localism Sponsor Outside Blog
Jim, this is terrific advice.  As far as I'm concerned, there is no such thing as a "bad" offer.  It's the start of a negotiation!
7:30pm • #28
610,658 Points 80 Featured Posts Outside Blog
LaNita Cates  In New York they used to have a saying, "Don't take this personally, but...."
8:01pm • #29
610,658 Points 80 Featured Posts Outside Blog

Patricia Kennedy  Getting an offer is a good thing.  No offers is a very bad thing!

8:03pm • #30
MAY
09
2008
557,110 Points 11 Featured Posts Outside Blog

Jim, you present some very good points - the weakness issue is a biggie - where we expect the other party to beat us up, and we take it.

11:56pm • #31
MAY
10
2008
610,658 Points 80 Featured Posts Outside Blog

Steve Hoffacker (Hoffacker Associates  We beat ourselves up first.  We surrender before the batle even starts.

6:59am • #32
MAY
12
2008
Localism Sponsor

Great Article but I have to disagree with 'Win Win' is a loser. Basic Negotiation is a compromise, advanced negotiation is only compromising something you are willing to give up but the other side percieves as value. This is the True 'Win - Win'

2:24pm • #33
10 Featured Posts

LOL - Jim I agree with you, but was just waiting on a Keller agent to chime in.  I went from a jugular company to a Win Win with KW, and went flying back to jugular land. 

It does seem more about making folks meet in the middle so they can get a deal going, versus working for the best of YOUR client.  I agree that sometimes you can WinWin your clients out of the best position for them. 

I LOVE your idea with that appraisal verbiage to agree for a higher price!  Even now things typically are appraising for a smidge over contract, so that would be priceless out here!

2:36pm • #34
610,658 Points 80 Featured Posts Outside Blog

 Paul Renton (Keller Williams Realty Atlanta West)   I totally disagree... "Win WIn" is convenient for an agent not to rock the boat during negotaitions.  Most agents have little or no negotiations skills whatsoever.  They have never taken one formal college course, not have they particiapted in any type of formal arbitrations, or structured corporate contracts. A signed agency is to represent your clients interest only.  Comprimise is not an art  or a skill, it is a capitulation. 

5:29pm • #35
610,658 Points 80 Featured Posts Outside Blog

Sheree Wilkerson (Allegiant GMAC Realty)  In the past few years, "Win -win" was more of a norm.  The market we just left was not a normal market by any stretch of the imagination.   We are going back to a market that is more of a basic shelter market in which the agent that will survive will know prices, statistics, and have the skill to pull off incredible deals.  The bragging rights alone will bring more business.  The agents that say "We paid full price, but had the seller pay closing costs" will be laughed out of the business.

5:33pm • #36

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Jim Crawford ~ Atlanta Real Estate-ABR E-PRO

Atlanta, GA

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RE/MAX Greater Atlanta

Address: REMAX Greater Atlanta, 1585 Holcomb Bridge Road, Roswell , GA, 30076

Office Phone: (770) 238-0122

Cell Phone: (770) 664-9516

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Atlanta real estate broker associate, real estate columnist for www.RealtyTimes.com, real estate speaker. Real estate marketing, Internet marketing for real estate, real estate coaching Feedjit Live Website Statistics


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