Special offer

You want us to agree to that? Are you serious?

By
Real Estate Broker/Owner with Cornerstone Business Group Inc 0225086119

I'm in the process of a complicated negotiation with a buyer.  The buyer's agent has sent addenda to my office asking the sellers to sign off on this and that, but in each addendum some of the language was vague.  There was no real specific detail as to what the buyers were asking the sellers to do.  There would be parts that were clear, but they were surrounded by ambiguity.Question

My sellers and I would just look at them and ask the buyers to clarify what they were asking for.  Nothing.  My sellers didn't sign any of the original ones. The buyer's agent would call and say, "You're in default because you didn't sign the addendum!"  I always responded that we can't sign anything that makes no sense.  I did offer to blank the entire form and send it back signed.  She didn't want that.  Her response, "You've got to agree to something."  My response, "Send me something with specific details."

Whenever you're in negotiations, please make sure the language you offer to the opposite side is clear, specific and readable.  It's unfair to ask either side to sign off on something that is not detailed.  I understand agreed upon deadlines, but if the side writing the addendum cannot make a case that is understandable, a deadline means very little.  It puts the opposite side in an untenable position.  That is bad policy, and it is unfair. 

Comments(44)

Conrad Allen
Re/Max Professional Associates - Webster, MA
Webster, Ma, Realtor

Hi Mike.  Trying to negotiate with mental midgets is like trying to grab a hold of water.

Aug 26, 2012 05:51 AM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

That agent sounds like trouble. If it were me, I think I would be looking for a way to cancel that contract. Seller might reach the point soon where bringing in an attorney to end the bs would be best for everyone involved?

Aug 26, 2012 06:24 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

There always has to be a specific number or action for a buyer or seller to sign, if it is vague, it won't hold up in court.

Aug 26, 2012 06:38 AM
Bryan Robertson
Los Altos, CA

I never had my clients sign anything that's nebulous.  If it isn't specific, how can they perform?

Aug 26, 2012 06:41 AM
Christine Smith
Buyers Brokers Only LLC - www.BuyersBrokersOnly.com - Canton, MA
Exclusive Buyer Agent & Attorney, Canton, MA

Mike...it's not in the buyer's best interests to be vague either.  If they want something done & done right, they need to be specific too.  This makes no sense to me from either perspective.

Aug 26, 2012 07:08 AM
Hella Mitschke Rothwell
(831) 626-4000 - Honolulu, HI
Hawaii & California Real Estate Broker

In that case, I would amend the addendum with the clarification as I and my seller understand it and sign that. Obviously, something that is not clear should not be signed.

Aug 26, 2012 07:54 AM
Joy Daniels
Joy Daniels Real Estate Group, Ltd. - Harrisburg, PA
I appreciate when things are confirmed in writing, but if it doesn't make sense and comes as an addendum it definitely needs clarified before my client signs. Good post.
Aug 26, 2012 10:46 AM
Mike Cooper, Broker VA,WV
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

Uh oh, Anthony.  Sounds like it had a lasting impact on you.  You're right though.  The language has to be clear and specific. 

I hear you, Eric.  This time the form is basically blank and we fill it in.  All the more reason to be as clear as possible.

Well said, Steve. 

Bruce, they did provide the report after the deadline passed.  Go figure.

PBM, I've seen that more than once.  This one had deadlines that were before the inspection details were known.  Oy!

I like when agents have that concern for detail.  Nobody likes ambiguity.

Well said, Conrad.

Hopefully we've crossed the last hurdle, Jeff.  I'll know tomorrow.

Bingo, Todd.  That's all I wanted on this one.

That was my point exactly, Bryan.  Well said.

Absolutely, Christine. 

We finally did that yesterday, Hella.  Now, we're on the waiting side.  8=)

Aug 26, 2012 10:53 AM
Mike Cooper, Broker VA,WV
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

You're a smart lady, Joy.

Aug 26, 2012 10:53 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

In our state, all sales are finalized by lawyers. Many buyers and sellers place attorney review contingencies in the contracts, just to avoid issues as you discuss. Let the people that know the laws decide what should be signed and they can define the issues.

Aug 26, 2012 11:16 AM
Mike Cooper, Broker VA,WV
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

Amen, Ed.

Aug 26, 2012 11:36 AM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Mike - It doesn't make any sense to do this as you're just setting the deal up for failure.

Aug 26, 2012 04:48 PM
Demarco & Marisa
Remax Kings Realty - Riverside, CA
"The Choice is Clear!"

Mike, When the REO market was hot in California, the banks just came up with whatever forms and addendums that they wanted the buyers to sign in order to play ball. Many of them were not entirely clear or concise as each bank had their own set of documents. Most of it was jargon to protect themselves should the buyer sue. But the bottom lline was, they don't sign, there's no deal.... period! Sometimes buyers have to pick their battles. ~Marisa 

Aug 26, 2012 05:40 PM
Wayne Zuhl
Remax First Realty II - Cranford, NJ
The Last Name You'll Ever Need in Real Estate

Good morning, Mike - what a frustrating situation, and a situation we've been in once or twice. Sometimes what you think you said gets translated into nonsense when it's written down. You have to protect the interests of your client, of course!

Aug 26, 2012 09:15 PM
James Dray
Fathom Realty - Bentonville, AR

Morning Mike vague language may come back to bite the seller and you as their agent.  I agree stick to your guns and demand what is right.  Good man

Aug 26, 2012 09:45 PM
Mike Cooper, Broker VA,WV
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

agreed, Christine.  I'll know today if that's where we're heading. 

Marisa, I'm still seeing a bit of that over here.

Absolutely, W & J.

That's my philosphy too, James.  I don't like getting nasty letters years later. 

Aug 26, 2012 09:49 PM
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

Real estate buyers and sellers and their agents, brokers that demand, think the other side has to. Neither does or both agree to. Simple. Buyers want to buy if, sellers want to sell if. The little if is what you, I the trained professionals wearing the "R" have to iron out. Sometimes you can not. But keep a lid on the emotions. We are not trial lawyers defending someone heading to the electric chair or not. We are matchmaking and working with the size of wallet and expectations ether side has. That may be too high, never too low.

Aug 26, 2012 09:58 PM
Mike Cooper, Broker VA,WV
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

Well said, Andrew.  Hopefully, we've got the bugs worked out on this one. 

Aug 26, 2012 10:01 PM
Brian Kuhns
Coldwell Banker Roth Wehrly Graber - Fort Wayne, IN
Fort Wayne Real Estate by Brian Kuhns

specific details are best when asking for concessions....vague requests usually result in something either not being agreed to or a misunderstanding, which leads to more problems. You're right not to agree until it's spelled out correctly

Aug 29, 2012 11:47 PM
Mike Cooper, Broker VA,WV
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

Absolutely, Brian.

Aug 30, 2012 12:03 AM