NEGOTIATING THE COUNTER-OFFER By Marge Harris Throughout the many years I have been selling real estate, I have been involved in several hundreds of negotiations. Some have been easier than others. A few have been accepted as presented, without changes to the original offer, although this scenario is the exception, not the rule. More often than not, Sellers and Buyers find themselves negotiating various features of a contract: purchase price, personal property included in the sale, closing date, tax prorations, home sale and close contingency periods…..the list goes on and on. Let's start at the beginning. Once an original offer from a Buyer is presented to a Seller, and changes are requested by that Seller, the parties find themselves in a "Counter-Offer" situation. A Counter-Offer is just that. It is an OFFER. It is now an offer from the Seller to the Buyer. If the Buyer requests changes to that counter-offer, it is just that…an offer. It is not AGREEMENT. Agreement to a purchase contract is applicable only when both parties have agreed to EVERY aspect of the purchase contract, and have signed (and, in my market area, delivered) the purchase contract. |
Marjorie S. Harris Real Estate Broker Senior Real Estate Specialist ![[e-Pro Certified]](eprosm.gif) |
But, what happens if, during the Counter-Offer negotiations, the Seller receives an offer from another potential purchaser, or (and this scenario DOES happen) the Buyer sees another home they would like to bid on? Can the Seller accept an offer from another potential purchaser? Can the Buyer present an offer on a second home? The answer to both is "Yes"! Neither the Seller or Buyer is under any obligation to accept the Counter-Offers that have been going back and forth between them. Why? Because each Counter-Offer is considered a new offer - and neither party is required to agree to this new offer. It is quite possible that neither the Seller or Buyer will know the reason that the other party moved on…but it is very important to know that they can….and often do. The following tips may help you avoid disastrous results during the negotiating process: - Know upfront which aspects of the contract are most important for you. For example, is the price the most important factor, or can you bend a little there to receive the closing date that you need?
- Communicate your desired outcome to your real estate agent. Your agent's experience will help in evaluating the best approach to negotiating your specific offer and the outcome that is important to you.
- Allow your real estate agent to educate you as to what is happening in the marketplace at that time. This allows you to be realistic in your approach. Remember, education is powerful.
- Don't be afraid to let the other party know of your interest in selling/buying the property. Too many times I have seen one party or the other take a nonchalant attitude…and I have seen this approach backfire! (For example, typically Sellers want to know that they are selling their home to someone that has a real interest in the home - the emotional side of negotiating - and are actually more willing to negotiate when they believe the Buyer truly wants the home and will take care of the home.) Here, it is best to discuss with your real estate agent how much the agent should share with the other party (and putting this information in writing is good for everyone involved).
- I recommend negotiating in good faith with the other party. More often than not, it is the secret to a successful home sale!
Take advantage of your real estate agent's experience. Ask questions. Listen to the answers. Have a thorough understanding of the process. Good Luck! ©2002 Marge Harris. Publication or use of this article on or off-line without written permission from Marge Harris is prohibited. If you would like to use Marge's articles on your Web site or in your publication, just email Marge for details!  | RE/MAX Center 100 N. Atkinson Road, Suite 106 Grayslake, IL 60030 PH: 847-223-7878 ~ 800-25REMAX FAX: 847-223-1703 | ![[MLS REALTOR]](lake_county_listings.gif) |
|