HOME

Negotiating the Best Price and Terms
Adriane Berg
Decision Center
..........................................
WEB LINK

A
ttitude separates the experienced real estate buyer from the novice. Corollary: The right attitude makes you a savvy bargainer even if you've never bid for anything scarier than a share of penny stock.

With the right attitude, you act on the awareness that in the real world of real estate, two things almost universally prevail:

1.
Bargaining takes place throughout the buying process, right up to closing.

2.
Despite that serious-looking sales contract, the most important items in it - including price - are hardly ever chiseled in stone.

Let's take a look at some of the steps involved in negotiating to buy a house. We'll look at deciding the price you will pay and bargaining to get what you want.

Know your price

Here are some of the specifics you need to know: Don't respond to the asking price. Instead, know what you should pay for the property and calibrate your bidding to that price.

Yes, a seller may be asking a price that is under market. Remember this rule of thumb: The highest price a sane buyer would pay and a sane seller would accept defines the market price.

If the asking price is really insanely low, the savvy bargainer accepts it, or bids near it, and closes fast, before the seller has second thoughts. In exceptional cases, experienced buyers even bid above the asking price to lock out competitive bidders.

Greedy buyers, treating the process as a win-lose contest of egos, are usually left empty-handed because a shrewder buyer has outbid them. The trouble is, of course, that the asking price is more likely to be inflated above the true market value of the property. And no one knows what the true market value is, precisely, until the property changes hands.

Here's how to get a ballpark figure. Visit the local tax assessor's office and find the most recent market-value appraisal. That's one measure. Then inspect your real estate agent's list of recent property sales in the neighborhood. Find homes similar to yours that will tell you the final selling price, the original asking price, and how long the property was on the market.

Also look at the asking prices of nearby homes still up for sale. If the asking price on your target home seems overpriced, you'll have an idea on how much.

Try to understand the sellers' urgency or lack of it. Do they need to close fast because they've already agreed to buy another house? Do they need to raise cash for a divorce or an estate liquidation? Is the owner a bank or corporation that needs to get its foreclosed property off the books by year's end?

Or do the owners seem to be operating in slow motion? Rarely does it mean that they're gaming or trying to see just how big a bid they can get before they change their minds and take the house off the market.

If sellers aren't in a hurry, there are ways to motivate them to step up the pace. For example: If the sellers are a couple building a new home and they want to remain in their old one until the new house is completed, you can make a low bid plus an offer to lease their old home back to them until they move. That gives both sides exactly what they want.

Regardless of the sellers' urgency, when you make your first bid, sweeten it with something else of value, such as an early closing or all cash, if the sellers had expected to finance your mortgage loan. Or get your mortgage pre-approved, which lets the sellers know that the deal almost certainly will close. Any good broker will tell you the details of the sellers' situation, but you must be sensitive and creative in offering something useful to them.

Once the sellers make a counteroffer, respond with a bid of 15 percent less if that's consistent with your target price. (By the way, you should never reveal your target price, even to a broker or agent.) If the sellers' counteroffer seems way too high to make a 15 percent-under bid reasonable, you can respond with a bid that's 15 percent below what a reasonable counteroffer would have been. Better yet, don't respond with a bid at all. Just ask the sellers to make another, lower offer first.

The third round often seals the deal. At this point, either take the offer, or make your final offer and say so. You've got to keep your credibility or bargaining will get you nowhere.

The bargaining isn't over yet. Now you're required to tender a down payment to be held in escrow to be paid to the sellers as damages if you renege on the purchase. Typically, 10 percent of the agreed-upon price is required, but you can bargain it down, especially when the property is more expensive than the average.

It's easier to bargain your escrow deposit if you have a pre-approved mortgage loan and the sellers trust your commitment to buying their property. If they think you're merely trying to reduce your potential loss in case you decide against buying, they won't be inclined to settle for less than 10 percent.

The next bargaining opening usually occurs a few weeks after the sales contract has been signed, when the inspection is complete. Among the typical findings of a home inspection: The roof leaks, the garage has hairline cracks, asbestos insulates the pipes. Your home inspector will give you estimates of the cost of repairs. You use the estimates to renegotiate the price.

Using the escape clause

Even if you're buying the house "as is," the sales contract usually gives you a way out of the deal. Tell the sellers you're taking it. Usually, the price comes down fast.

In fact, you can make it easy for the sellers to lower the price. Continue to cater to them in less substantial conditions of the sale, such as the closing date. Bargaining over personal property in the house offers another way to smooth the sale. Don't insist on buying that carpet you fell in love with, if the owners prefer to keep it. It wouldn't have flattered your furniture anyway.

Fixtures and major appliances usually stay with the property. If the sellers say they must take Aunt Martha's chandelier with them, however, let them do so - in return for a price break. Better yet, sell them Aunt Martha's heirloom and tell them how it's breaking your heart.

Dealing with title flaws

A title search may turn up unexpected claims against the property - among them tax liens, damage judgments or child support orders. There could even be a flaw in an ancient title transfer. If the title insurer won't protect you against such "exceptions' to the transfer of clear title, negotiate with the sellers to have them corrected at their expense. Postpone the closing until they do.

Even at closing, the bargaining can continue. If title flaws remain uncorrected - not "cured" - as the closing hour begins, you can insist that a meaningful chunk of the purchase cash be held in escrow until they are.

You should negotiate as much money as possible into escrow. Normally the escrow is held by the sellers' attorney, and the interest earned on it belongs to the seller when the sale is completed. In cases like this, however, you can insist on keeping or sharing in the interest.

Finally, everything is set right. You've moved into your new nest with a clear title, collected your interest windfall and begun to design a new garden.

But what happens if you notice the roof leaking six months after closing? You still have time to sue for damages. But don't threaten it just yet. It's time to bargain again.

Next time, you'll bargain as the seller.   green square
How do I get the best deal on a house?
Articles
|

Foreclosures, FISBOs, REOs and Other Bargains
What to Do if You've Gotten a Raw Deal
Buying Homes at Auction
How to Turn a Fixer-Upper Into Tax-Free Income
Calculating the True Cost of Refinancing

Illustration by Terry Allen  Copyright 1998 Microsoft Corporation