The Rules of Engagement with Offers and Due Diligence

By
Real Estate Broker/Owner with J. Philip Faranda (J. Philip R.E. LLC) Westchester County NY License # 49FA1074963

The things you see showing housesPerhaps my colleagues can relate to the following scenario:

A buyer is interested in your listing. Their agent emails you a slew of questions, and you get all the answers. There might be one of those 2nd or 3rd showings where where half a dozen extended family members come by and stay for 90 minutes to kick the tires while your seller client improvises family dinner at Arby's. We recently had three generations of a family look at a house in Yonkers for 2 hours and when my seller returned to his house the washing machine was broken! What in the world were those people doing? 

We have had prospective buyers come back for 3rd visits and stay for hours. They've walked through with friends of the family. In laws. And that is fine in this cautious environment. But at some point, lines and protocols should be clarified, even in a buyer's market. Taking your contractor buddy, your HVAC guy, or your architect is not appropriate unless and until you have an offer in on that house

Unless you have really peculiar circumstances, structural inspections and most types of due diligence are done once you have a deal. In most areas this is known as the review period of contracts, and in Westchester County it is done before contracts but certainly after an acceptable offer is made. That's how it is done. 

BUT PHIL, I can hear some agents say, My people don't know if they want to make an offer until they make sure that their roofer/plumber/electrician/rabbi/sheetrock whisperer say it all checks out! To those agents I would say learn how to sell real estate. If I had a client ask me to do something backwards I would, um, tell them that is backwards. I would educate my client.  

BUT Phil, I hear another agent say, I don't want to WASTE MY TIME if they aren't going to go forward. We have to make sure everything checks out before I type up an offer ... To those agents I say, do your job and stop trying to cut corners. It is ironic that you are so willing to waste the seller's time. The occasions where there should be something verified before going forward exist, but they are rare. 90% of them probably involve you going to the town clerk or building department, not in the garage and attic. 

The gravity machine works great at our houseDeal first, due diligence next. Here's why. If I as the listing agent encourage my sellers to allow curious, albeit uncommitted buyers and their posse to track insulation dust throughout the house enough only to have them not go forward, at some point my clients blow an O-ring. The broker's job is to smooth out the process, not introduce a period of intrusive hell into their lives. Selling a home is disruptive enough. 

And when I represent buyers, it is the same thing. Here's why: If a buyer has a deal on  a house, he has leverage on the seller. The seller does not want to lose the deal. And if the discovery period yields an issue, the seller is more likely to address the issue for a committed buyer than with someone they perceive as a nuisance. Buyers get far more consideration than lookers. Doesn't that just make sense?

That's the takeaway for consumers. You have to give to get. It isn't about making things convenient for the seller (although that doesn't hurt- alienating the seller is not the way to start an offer), it is about leveraging a stronger position to get what you want. And if your agent says that something is a bad idea, don't get upset that they won't be obedient; be glad you have a strong agent with backbone. They'll be a better negotiator for you. 

If you are a buyer and the house feels like home but you have a reservation about the physical condition, that is what inspections are for. Lock the deal in first, then you do your due diligence. Any risk that you'll find vampire bones in the basement is abated by the seller being more likely to fix the issue for a good faith buyer than a looky loo. Deal first, due diligence next. That is the rule of engagement, and that is why the protocol works. 

Update: Read Debbie Gartner's comment: 

 I'll also add perspective from the contractor's end...it is very frustrating and a waste of your time to have us do an estimate, if you are not even sure that you are going to buy the house.  I've wasted too much time doing this.  It's one thing if I lose an estimate to someone else, but totally different if the customer doesn't buy the house.  my time is valuable too.  I try to avoid these like the plague.  I'm happy to go if it's in contract.

Comments (35)

Andrea Swiedler
Berkshire Hathaway HomeServices New England Properties - New Milford, CT
Realtor, Southern Litchfield County CT

Phil, interesting kids you have, LOL. I hope my grandson never sees that photo. Back to the post, well said!!! These days it is a parade of people that pour through the house before they even think about making an offer.

If they only make the gesture of an offer, forget bringing the family, contractor, neighbor, dog and cat to see the house....

Dec 19, 2011 11:06 PM
Cal Yoder
Keller Williams Elite - Lititz, PA
Homes For Sale in Lancaster PA - 717.413.0744

It is amazing that a buyer agent would allow this to happen. It is bad for business to have all the family come to the house. We recently had a buyer who asked everybody and his dog for advice. We had to explain or answer some remarkably dumb stuff because of all these so called experts. Why would I want to waste 2 hours showing a house and then need to explain a broken washing machine. Incredible.

Cal

Dec 19, 2011 11:49 PM
Stephanie L. Solano
J. Philip Real Estate LLC Westchester County NY - Pleasantville, NY
Licensed Real Estate Agent

One time after a showing, the TV didn't work and the seller had to call the cable company. I wonder if they popped some popcorn and watched a movie.

Dec 20, 2011 01:11 AM
Coral Gundlach
Compass - Arlington, VA
Real Lives. Not Just Real Estate.

This is so good.   Your point about leverage is spot on.  I think I've been guilty of accomodating people with stuff like this a few times trying to protect them from "wasting money and time" on an inspection.  

Dec 20, 2011 01:57 AM
Eileen Hsu
Douglas Elliman Real Estate - Manhattan, NY
LICENSED REAL ESTATE SALESPERSON

I think many agents let their buyers run wild without much of market education, knowledge or local customs. We do our best to manage their expectation and let them know when is appropriate to go in with contractor, families or whatever else. Even then, we ask them to respect seller's schedule on showing duration and timeframe.

Dec 20, 2011 02:07 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Phil, I love the thought "We don't want to waste your time - if we aren't going to make an offer"...I for one would rather being doing an inspection as a condition of a sale  - then making arrangements for a 3rd showing  "just to make sure".

Dec 20, 2011 02:31 AM
Tim Bradley
Contour Investment Properties - Jackson Hole, WY
Commercial Real Estate Expert in Jackson Hole, WY

Well written, Phil. I don't see that too often up here, but some buyers simply won't do it any other way. They want to solve every single contingency before making an offer. On the plus side, if they ever do make an offer, it's fairly solid. I try to insulate my seller as best I can, because it sure is intrusive.

Dec 20, 2011 03:35 AM
Nick Vandekar, 610-203-4543
Long & Foster Real Estate Inc 610-225-7400 - Devon, PA
Tredyffrin Easttown Realtor, Philly Main Line

Well written Phil from both perspectives, having a home under contract and having some leverage will help you gert what you want, too many clients consider negotiation is only win - lose, with them winning, never considering the person on the other side of the negotiations. My father always told me that everybody needs to make something out of any deal, including the sellers if you are a buyer. I think the best definition of negotiation I heard was that both buyer and seller are a little unhappy, neother got what they completely wanted but both got most of what they wanted. But do your negotiations and everything first then inspect.

Dec 20, 2011 03:44 AM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

"It is ironic that you are so willing to waste the seller's time."  That says a lot about the person requesting the intrusion. They think that their time is more valuable than anyone else's.  I have only encountered such a request once (that I can remember) and trust me, it was not about to be honored.  They'd didn't make an offer on the home, but they were probably not going to make one anyway.

Featured in the group Bananatude.

Dec 20, 2011 04:01 AM
Dick Greenberg
New Paradigm Partners LLC - Fort Collins, CO
Northern Colorado Residential Real Estate

Hi J. Philip - That's an excellent, and very useful, point you made about leverage - that argument alone should be sufficient to persuade most buyers about letting things flow naturally.

Dec 20, 2011 04:59 AM
Paula Swayne
Dunnigan, Realtors, Sacramento (916) 425-9715 - Sacramento, CA
Realtor-Land Park, East Sac & Curtis Park -Dunniga

Hi J. Phillip!
I always have to wonder why buyers turn on faucets and flush toilets...I mean....what, exactly are they expecting to happen?    I agree...2 hours in a house is about 1.5 hours too long.  However, I have had my buyers contractor in the house to see if the remodel they want to do is possible.  I also set the parameters of the meeting...I limit the time of the meeting and the items addressed.  There is a polite and responsible way to handle these requests.
Paula Swayne

Dec 20, 2011 05:35 AM
Linda K. Mayer
License # 01767321 - La Verne, CA
Realtor, SRES, SoCAL, A REALTOR YOU CAN TRUST

Philip, Just a note about what you said about going to the city or permit office.  In California, it is the buyer's responsibility to gather information.  If we as the agent on either side of the transaction give out that kind of information it could come back to bite us hard... can you say lawsuit?  So even if I was the buyer's agent I would NOT give out information as it is the BUYERS responsibility to find out.  And there have been cases where the information given was one thing when told by one city clerk and something entirely different when told by another.  Be careful of giving info outside of the scope of your profession!

Dec 20, 2011 08:03 AM
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

Hi Phil,  The whole idea of a buyers, buyers families contractors and the such all playing  this "Due Diligence" game prior to contract is absurd.  Write the offer, lets negotiate through acceptance and then come with contractually agreed inspections etc. Any good buyer agent knows this stuff and should be educating their clients.

Dec 20, 2011 09:32 AM
Kevin Hancock
Evergreen Home Loans - Poulsbo, WA
The Hancock Mortgage Team

Excellent post!  It all makes so much sense from every angle... get the buyers to commit before wasting everybody's time.  If they won't do that, what's the point?

Dec 20, 2011 10:30 AM
David Gibson CNE, 719-304-4684 ~ Colorado Springs Relocation
Colorado Real Estate Advisers LLC - Colorado Springs, CO
Relocation, Luxury & Lifestyle residential

Well if I showed a house where the kids were defying gravity (cute picture) I would want some kind of whisperer to check it out before we made an offer:) Seriously, I agree and people should respect the time of vendors like Debbie.

Dec 20, 2011 11:49 AM
AJ Heidmann ~ CRS
McEnearney Associates, Inc. - Alexandria, VA
YOUR Alexandria & Arlington, VA Real Estate Expert

I am in agreement with Jay #12... it is time for all of the Christmas help to go back home and let the professionals handle the business at hand.  It never helps to rub the seller the wrong way before you have the home under contract... period.

Dec 20, 2011 12:24 PM
Melissa Brown
Helen Adams Realty - Charlotte, NC
Realtor - South Charlotte NC Homes for Sale

Oh my goodness, you really hit the nail on the head!  I've been on the end with my own buyers being rude like this, and I had to tell them to back off until they made the offer.  So many buyers these days think they can do anything because they've read that it's a "BUYERS MARKET!!!!!!"  Drives me crazy!

Dec 20, 2011 01:23 PM
Brian Morgenweck
Power Realty Group, LLC Bergen County, NJ - Hackensack, NJ
Broker/Owner, GRI, CRS, ABR, SRS

You nailed it. You can't put the cart before the horse. The only time I deal w/a builder or inspector coming prior to an accepted, written offer, is when a home is vacant & the intention is to knock out an inspection contingency to strengthen an offer. (And, nothing detrimental to the home done in the process!) ...But, that's a different type of scenario.

The pic of the kids takes me back as well! Hanging in doorways & sliding down the stairs in the feety pj's...OK, that was the 60's. *Shut up, Brian!*

Happy Holidays!

Dec 20, 2011 02:04 PM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I have a couple of those clients - spending time checking everything out BEFORE they write.    No matter if you tell them they have the right to DO an inspection AND get their EM back if they find something they cannot live with!

Dec 21, 2011 02:22 AM
Sheila Anderson
Referral Group Incorporated - East Brunswick, NJ
The Real Estate Whisperer Who Listens 732-715-1133

Hello Phil. This is a wonderful description of a process and the way it should be. When everyone knows more than I do, I am the wrong agent. It is about taking control and if you can't get out of the business. Meanwhile the picture with the children is great. Are they yours?

Dec 21, 2011 10:01 AM

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