How to Negotiate Real Estate with Class

Two people shaking hands as if they just negotiated a real estate agreement

Leveraging Your BATNA: How to Use Your Best Alternative to a Negotiated Agreement

Negotiating real estate can be a complex and nuanced process, but with a well-informed and prepared approach, either buyers and sellers can achieve favorable outcomes. One key concept to understanding how to negotiate real estate is the idea of the Best Alternative to a Negotiated Agreement (BATNA), which refers to the most favorable course of action that a buyer or seller can take if negotiations fail to produce an agreement. Understanding and utilizing BATNA is an important aspect of successful real estate negotiations. Other important negotiation tactics include active listening, compromise, and clear communication. In this article, we’ll look at these in more detail and provide examples to illustrate how they can help buyers and sellers achieve their goals.

BATNA for Buyers

For buyers, a well-informed and well-researched buyer will have an idea of what to expect for a certain price in a given neighborhood or district. This information can help a buyer determine if a property is overpriced, and serve as a gauge for negotiating. For example, a buyer who is interested in a property in a desirable area may know that similar properties in the area have sold for a lower price. If a seller’s ask is above the comparable sales, the buyer can reveal this information to the seller, and use the similar sales as evidence that the seller’s asking price may seem unrealistic to any purchaser (thereby casting doubt on the seller’s BATNA). The buyer may also have their eye on a 2nd or 3rd favorite property (also part of their BATNA), and may even decide to offer on their next best option if their first offer is not accepted.

BATNA for Sellers (ie, multiple offers)

For sellers, understanding and utilizing their BATNA can be just as important. When it comes to negotiating a price with a well-informed seller, the seller may not need to negotiate a lower price if they’ve already received other offers (other offers which may be better alternatives to negotiating or accepting an initial offer which may have been lower than what they had asked for). Sometimes the seller may not have any other offers while still seeing market indicators or feedback which suggests that they will receive a better offer in a matter of time. In market conditions that strongly favor sellers, the buyer’s agent will normally do their best to inform their client about the market conditions they will be purchasing in, and the likelihood of whether or not negotiating on price is likely to result in a successful outcome for them.

The existence of multiple offers on a property which go above a property’s asking price can also serve as an indicator that the home is worth more than what was anticipated; this tends to happen in lower-inventory markets which strongly favor sellers. From the perspective of a well-qualified purchaser who is tired of renting or has another good reason to purchase sooner than later, it may make sense to pay a bit more than someone’s asking price, or a bit more than the next best competing offer in order to win a bidding war, especially if there are market indicators suggesting the seller’s ask to be below market. The buyer may also feel that by not purchasing now (or soon), they may end up paying more for a similar property later on through market appreciation, higher interest rates, money wasted on renting, or a missed opportunity for a transfer, a longer commute, etc — there are many scenarios where it may be in the buyer’s best interest to write an offer with attractive enough terms that the seller won’t delay accepting or bother negotiating with.

a woman hanging a 'sale pending' sign post in front of a home

Example: When a buyer makes an offer of $450,000 on a property, which is not immediately accepted by the seller, the seller’s agent may start contacting other buyers who may also have interest in the home to let them know that an offer is on the table for the property—this is something that other buyers and their agents may want to know if they are seeing themselves living in a home, since they may want to make an offer also. Multiple offers can be expected for assets that are hard to come by and in markets where buyer demand exceeds housing inventory. By making an offer which isn’t immediately ready to accept, the seller’s agent may see generating alternative offers (ie BATNA) in favor of the seller as part of their duty to their client.

How BATNA Can Influence Inspection Negotiations

Example: John and Jane as home sellers have both accepted offers on their respective homes, and they are both going through separate inspections. Each of their respective purchasers have discovered defects and are making extensive requests based on inspection findings. If John struggled to find a buyer for his home and couldn’t attract a lot of activity (showings or offers) while it was on the market, then he is more inclined to work out terms acceptable to the in-contract purchaser if his best alternative is to go back to the market for several more months until he finds another purchaser, John would be more likely to offer a reduction in sales price, repairs, or concessions to favor the purchaser moving forward.

Now let’s say Jane’s home attracted 5 offers, after a shorter time on the market than John’s home, Jane’s BATNA might include working with a backup purchaser, or to contact other buyers who had offered on Jane’s house and who may be willing to forgive some defects in the property and to purchase it without repairs or concessions. Jane’s buyer, if informed that another buyer is waiting in the wings to secure the home may lead Jane’s buyer to rethink their requests and to consider buying the home under their initially agreed-upon terms, or terms the seller will readily accept, rather than withdrawing and allowing the backup buyer to secure the home instead.

If the scenario has the backup offer at a higher price than the in-contract buyer whose trying to renegotiate based on inspections, this may be something the seller or their agent may share with the purchaser so as to communicate that the backup offer may be superior to the accepted offer being renegotiated (in this example, the seller may not be willing to renegotiate much, if anything, from inspection defects if another buyer values the property more than the in-contract purchaser, despite its flaws.)

Showing Your BATNA

To recap; When a seller has a strong BATNA, like a good backup offer or alternative buyers, it may make sense to reveal the existence of the backup offer or the alternative offer during the negotiations in order to produce a better outcome for the seller.

And when a buyer has a strong BATNA, like a property which has come on the market and is similar to the one the buyer is negotiating on, the buyer might point out the existence of the other option(s) and suggest that if the seller doesn’t want the terms which they are willing to purchase under that the buyer would just purchase the other property. This type of scenario is typical in markets where supply exceeds demand and the market favors purchasers.

Unlocking the key to successful negotiations: The power of Active Listening

Active listening is a vital negotiation tactic. It involves fully understanding the other party’s perspective and concerns before proposing a solution. This allows the negotiator to identify the other party’s key concerns, and tailor their proposal to address those concerns. Active listening also allows agents to better serve their clients by collecting and passing along information which may strengthen their party’s position in negotiations.

Example 1: a buyer named John is interested in purchasing a property on Oak St, priced at $450,000. But during the negotiation process, John finds out that the seller, Michael, is particularly attached to the property because it has been in the family for generations, and is looking for a buyer that will take care of the property. In this case, John, who is also a big believer in preserving historical properties, made a personal connection with Michael and was able to show that he would take care of the property as Michael wants and was able to negotiate a lower price of $435,000.

Example 2: Agent Max is working for a buyer to acquire a condominium listed by Agent Stephanie. During the course of a conversation with Agent Max, Agent Stephanie mentions that the seller for the condominium is having financial difficulties and Agent Stephanie has been paying for the utilities on the condominium up until closing, and Agent Stephanie hopes the sale will close quickly so she won’t have to continue paying for this. Agent Max shares this information his client Donny, the purchaser, who is able to offer with a quick closing timeframe so as to negotiate a great price on the condominium.

Compromise: Finding Mutually Beneficial Solutions

Compromise is another effective negotiation tactic. It is an agreement to accept less than what each party originally wanted in order to reach a mutually beneficial solution. For example, a seller named Lisa has a property that she wants to sell for $500,000, but a buyer named David is only willing to pay $475,000. Through compromise, the parties may agree to a sales price of $490,000, which represents a middle ground that is acceptable to both parties. When dealing with a request to compromise, as you may imagine it can be frustrating for either side of a transaction if the other party seems to continually ask for one compromise after another in their favor, it is important to understand class and etiquette in terms of what is customary for a given area so as to avoid “wearing out your welcome” in the eyes of the other party. Remember that while you may be asking for something now (eg, a discount or a repair or concession from inspections), circumstances may necessitate you to ask for something later on (eg, an extension on your mortgage approval or to a closing date) so treating the other side fairly and reasonably can pay off later on if or when you really need the other side of a transaction to cooperate or do something for you.

Clear Communication: How to Avoid Misunderstandings and Conflicts

Clear communication is essential for ensuring that all parties understand the terms of the agreement and can help prevent misunderstandings and conflicts. This can start as early as calling with initial questions about a property, or scheduling tours to see a property; a little communication and etiquette can go a long way, and it is a pet peeve for many sellers to prepare a home for a showing agent or buyer who shows up late (or not at all). While this might not be the end of the world, it’s never ideal to start a transaction from a place of misunderstanding, confusion or hostility from either party.

The other common complaint from sellers is when purchasers show up to someone’s home without an appointment to tour it, or even worse, real estate agents accessing a property’s lockbox without an appointment. The need for clear communication also extends to transaction management as well, for example if no attempt at communication is made until the last minute or the 11th hour in a transaction, this can be frustrating to any participant since changes to things like closing dates can require adjustments to many peoples’ schedules. Communicating things like obstacles and delays as early as possible can be very valuable in helping maintain or adjust plans, sometimes changing plans can be like changing the course of a very large cruise ship because of how many professionals are involved and how easy it is to overlook potential conflicts or obstacles.

Going the Easy Route

Sometimes the best approach to negotiating may be to not negotiate much at all, and instead a buyer may write offer terms to reflect what the seller is asking. Particularly when offering on properties which are listed below market value (which happens more than you might expect) or in markets without much/any inventory, the buyer’s wisest course of action may be to offer asking price or even more than what the seller is asking, particularly if the buyer is aware of potential uses or improvements that may set the home apart and above others.

If the seller’s asking price is truly a bird-in-hand, the buyer may want to strike while the iron is hot rather than letting a good deal slip away, and a buyer in this frame of mind may utilize an early acceptance incentive clause so that the seller is incentivized to sign the contract as received rather than sleeping on it or trying to spin up multiple offers from other interested purchasers.

Example: The buyer’s agent could see in the MLS information that the sellers are requesting 30 days of occupancy after closing. Since their buyer’s current housing situation is that they’re living for free with family and aren’t in a rush, they offered up to 60 days of occupancy after closing at no charge to sweeten the deal

Knowing the Market: How to Make Informed Decisions

Another important consideration is to have a good understanding of the local real estate market trends and conditions. This could mean researching the local area, looking at comparable properties, interviewing local school officials and/or touring campuses, and reviewing local regulations (often searchable online), so that buyers and sellers can make well-informed decisions.

Buyers and sellers should lean on their agents for market trends and data. Since their agent will have access to detailed market information through their MLS among other tools; they often know or can find the answers to questions such as “In terms of repairs or concessions given as a result of inspections, what is the average that homeowners like this would typically agree to?”  or “How much home does $200,000 afford in a given area?” Having an understanding of the current state of the market, such as how fast homes are selling, how long they are staying on the market, and how prices are trending can be a significant boon to both buyers and sellers in helping them make informed, data-driven decisions.

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