I think I have officially become a grizzled old veteran in this industry.
I was working on a sale for one of my listings recently, and I had multiple offers, thankfully. One of the agents had written something that was extraneous into the contract, and he really put it in the wrong place. We have a section for "EXCLUSIONS" that states:
"The following improvements and accessories will be retained by Seller and must be removed prior to delivery of possession: ________________________"
This is something determined by the seller(s) and it is for items that they intend to TAKE with them when they leave, as you can clearly see. The buyer's agent put a list of items they wanted the seller to LEAVE, along with some associated verbiage. He also provided a non-realty items addendum with the same list.
I told him this verbiage under "exclusions" was incorrect and not needed, in a polite but firm manner.
He tried to argue a little bit, stating that he had been taught to do that.
I told him I have been doing this for over 20 years, and I promised him again that it was wrong and unnecessary. I said, "I'm not trying to be pushy or rude. Have you been in the business awhile?"
I had already looked it up before our conversation out of curosity. He got his license two months prior to our conversation. I literally have never done this before, but he struck me as cocky, so I wondered.
I asked, "Five years here in Texas?"
"A year here. Four years in Florida."
Hmmm. No. Not even a year here.
He then told me that the person who told him to write the contract in that manner had been in business about as long as me.
My response? "Well, it's still incorrect. I promise you."
He removed it from the contract.
He also tried to push for a particular title company, stating, "I send them a lot of business, so if anything goes wrong, I can hold them accountable."
After two months, I know you haven't sent a "lot" of business to anyone. Sorry, man. I refrained from saying that, and I allowed him to save face. Instead, I explained that our title company does a good deal of training for our agents (25 of them), and as the broker and owner of our company, I promise that they will take good care of things for us.
The conversation certainly didn't go as he had expected, partly from pushiness, and partly because he wasn't honest with me. I guess as an old guy in this business, I have earned the right to explain that his training is subpar and that I have vendors who can handle things.
We still got the deal done, but I had to do some training along the way, and sometimes that's okay.
Still, just be honest. You are not doing anyone any favors trying to bluff your way through things. Also, find a broker who knows how to write a contract, or be prepared for a lot of challenging times ahead.
Image source: https://www.flickr.com/photos/mandomail/