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Not Every Sacramento Home Seller Wants to Deal With a Counter Offer
When an agent says to me, you can always issue a counter offer to my buyer, that sounds like code for: the buyer is unreasonable, because I don’t think an agent is trying to tell a veteran how to sell real estate. But you never know in this market. We have a very weird market in Sacramento right now made up of serious buyers and squirrelly buyers and lowballing investors. I never know on which the roulette ball will land, as it is like a roulette wheel.
I can share with an agent that we have multiple offers, and yet the buyer’s agent will send me an offer that is contingent on selling the buyer’s home without a Contingency of Purchase addendum, much less a pre-approval letter. You can’t make this stuff up. Oh, and on top of it, maybe the agent hasn’t shown the home. It makes you wonder if buyers aren’t thumbing through MLS listings like a Neiman Marcus catalog and saying when I win the lottery, I’ll buy this house and that house and that house. And agents are writing offers for these guys. Blows my mind.
Most sellers in Sacramento do not enjoy bidding wars, believe it or not. They hope that a nice family will purchase their home at a fair price and close escrow — live there happily ever after. That’s what sellers want. Not every seller will want to deal with a counter offer. It’s stressful for many sellers. Negotiating does not come as easily to some of us as it does to others.
Myself, as a top-producing Sacramento real estate agent, I negotiate daily for a living, and I love to negotiate. But I’m also sensitive enough to realize that many of my sellers do not want to negotiate. They don’t want to deal with counter offers and all that they imply. They just want to sell their home.
If we receive 5 offers, the sellers, more likely than not, will take the path of least resistance and choose the best offer for them. Especially if it doesn’t involve a counter offer. If you’re thinking about writing an offer for a home in Sacramento, you should ask your buyer’s agent to call the listing agent to discuss what you might want to do. Although a listing agent cannot and should not ever speak for the seller, a listing agent can help to guide. You might have to write your best offer and stop trying to ding around.
On top of all of this, no offer should ever land on a listing agent’s computer without an advance call from a buyer’s agent. Not in this Sacramento real estate market.
The Consequences When Buyers Write Multiple Offers
When sellers discover that a buyer’s agent had allegedly written multiple offers for Sacramento home buyers — both of which were accepted — it can be normal for sellers to want to express outrage and direct those feelings toward the buyers. Because the buyers should not play games, the sellers might say. The sellers might feel deceived, believe the buyers are dishonest, when all the buyers are really doing is following the ill advice of their buyer’s agent.
Some brokerages in Sacramento recommend this practice, I hear. I can’t believe that any reputable real estate brokerage would advise their agents to write multiple offers for buyers but I don’t know what goes on inside every brokerage in town. I know what Lyon Real Estate lawyers advise, and that is: don’t write multiple offers. They say there is a good faith covenant inherent in the residential purchase agreement that could be breached if a buyer can’t afford to own both homes and tries to simultaneously purchase.
Now, if a buyer came to me and said, for example, that the wife wants to buy one home but the husband has his eyes on another home, I would never in a million years tell those buyers to write offers on both homes and then decide later. Yet, that is what can happen in Sacramento. Nope, I would say go home and sleep on it and if you lose both homes because somebody else steps in while you’re deciding, that’s the way life is. Or, write an offer on the home you like best right now.
But that’s just how this Sacramento real estate agent operates. I try to give my sellers the best advice available and, at my age and experience level, I better be right. My reputation and credibility are at stake, not to mention, buyers who write multiple offers could get sued by an irate and damaged seller. It will happen someday. Mark my words, and then buyers will be crying at their agent and asking why, why did you tell me to do this?
Hope the agent’s E&O is paid up.
Treating Sacramento Real Estate Agents Honestly in Multiple Offers
Much ado about multiple offers lately. So much of the stuff contained in the REALTOR Code of Ethics is simply good common sense for a Sacramento real estate agent to adhere to in her real estate practice, and it’s not “just words” to many agents. Not to mention, an agent can be reported to the Board of REALTORS and / or fined for violating the Code. It says things like a member needs to treat other members and clients honestly.
On the other hand, treating agents fairly means without prejudice, without discrimination, giving equal weight to all parties by being equitable, playing no favoritism, partaking in impartial dealings, being honorable. One of my goals when I am the listing agent and representing the seller in a transaction is to give buyer’s agents an opportunity to view the home and present an offer on a level-playing field. This means I am not sharing information about the content of offers with other agents unless authorized by the seller.
The Elizabeth Weintraub Team encourages buyer’s agents involved in multiple offers to submit their best offer upfront. Not every seller wants go through the counter offer stage in a multiple-offer situation. I have worked with sellers who enjoy that process, but many of them do not. Many sellers just want the best offer possible and do not want to dicker back and forth. So, agents who submit an offer and say “please counter us,” are a) doing their buyer a disservice by implying the buyer will offer more, which could possibly be breaking their fiduciary, and b) their words are falling on deaf ears if the sellers don’t want to counter.
During multiple offers for a home in Roseville yesterday, an agent pleaded and asked how high her buyer had to go to buy the home. I explained in that instance I can’t play favorites, and she needs to do the best that she can. My sellers did not authorize me to disclose offers.
I try to help my sellers weigh offers by looking at all aspects of the offer and not just the sales price. We discuss contingencies, debt ratios, FICO scores (if we get them), preapproval letters, and any special considerations an agent might include in the buyer’s offer. No financing rejections based on type of loan — cash is not king — closing escrow is king.
Ultimately, it’s always the sellers’ decision which offer to choose. Funny thing is yesterday, the sellers chose the offer from the agent who did the best that she and her buyer could do, and that agent did not receive any preemptive suggestions from me. This is the way the seller wanted it. Not to mention, what goes around in this world tends to come around. I hope when my Team sits on the other side of the table presenting an offer for a buyer, we will be treated honestly as well.
When One Thing is Not Like the Other Things
A Sacramento real estate agent needs to possess extraordinary powers of observation, just like a journalist. My late father-in-law, a former Chicago Sun Times journalist, would often boast to strangers (and his family) that he was a “proFESSional obSERVer,” which was generally used in a conversation to support dissent, to build a case for his opposing point of view. Half-jest but half-serious, too.
Sometimes, an agent can tap a simple component in the power of observation by isolating and analyzing the one odd thing that stands out from the others. This happens when one thing is not like the other things. Let’s take a situation when sellers receive multiple offers from buyers for, say, single-level homes in Elk Grove. Even better if a single-level Elk Grove home is located on a cul-de-sac, with hardwood floors throughout and a 3-car garage. Then, in the middle of dozens of offers arrives a lone cash offer for significantly more money. Sort of stands out like a sore thumb. Like when one thing is not like the other things.
That offer would be the one thing that is not like the other things. A seller might want to grab that offer and latch on to it like Gollum stroking his precious ring. This is the part in which a Sacramento real estate agent might caution the seller, and make sure the seller understands the possible consequences. When one thing is not like the other things, something might be wrong.
For example, I wandered through my vegetable garden a few days ago, on a hunt for ripened serrano peppers. Because it’s October, the garden is overgrown; oddly enough, we have tiny little tomatillos that are no bigger than an olive. For some reason, the tomatillos are fairing poorly this year; their entangled vines are crawling up the sides of another garden box, blocking the path. My focus was on the tomatillos, wondering whether my husband is right and we should yank them out.
As I passed the hydrangeas, something caught my eye. Among the decaying purple and pink flowers, I spotted a peculiar object. Whoa. It was not like the others. It was a cucumber. That stopped me in my tracks. A cucumber does not belong there. This is one thing that is not like the other things. The cucumber had crept over on a vine and worked its way up the hydrangea branch. Just the right size, too. I plucked it and ate it on the spot.
That is an example of when it’s a good thing that one thing is not like the other things. Sometimes, though, when one thing is not like the other things, it can be a bad thing.
Take the cash buyer who offered way above everybody else for that home in Elk Grove. The cash buyer caused the sellers unnecessary stress and commotion throughout the entire transaction. Demanded kickbacks, insisted the seller pay for an inspection that the buyer ordered himself and made up his own rules as he went along. The buyer reneged on verbal assurances and in general made himself a royal pain to the seller. At closing, he made his buyer’s agent wait four hours at the home, in an empty house, to deliver the keys.
Selling a Home in Sacramento and Offer Negotiation
A seller who is selling a home in Sacramento should not have to wonder if the buyers who just wrote an offer on her home really want to buy the house. I mean, what if I told you that I am willing to sell you a Ferrari for $10,000, but you say the sale is subject to your ability to find the money buried in a barrel Breaking Bad style out in the desert somewhere? Oh, and on top of that, at anytime, you can decide to renegotiate the price with me or ask me, if you like, to throw in, say, a year’s supply of gas and car washes for you. You’d probably think you hit pay dirt.
This is exactly what buying a home in Sacramento is like for some home buyers. The market is super hot for sellers of well-priced homes. Doesn’t matter if that home is located in Elk Grove or East Sacramento or Lincoln; if it’s priced right, the seller will probably quickly receive a full-price offer, if not multiple offers. On the other side, buyers don’t like to compete with multiple offers. It’s just a mindset though. Because buyers are competing the minute they step foot inside a home for sale where another buyer has recently been.
Lately, I’ve been encountering buyers who must think they are clever. Their idea is to lock down the home immediately by promising the seller everything the seller is asking for and, after a few weeks have passed and all of the other buyers have gone away, then they will ask for a price reduction or a credit. I sell more homes than most agents, and I see this tactic used over and over. It’s not enough to elicit a promise from the buyer that a home is sold AS IS because some buyers conveniently forget about that promise.
In one situation, I reminded the seller that the buyer might not know any better. The buyer might be getting pushed by relatives or friends who say that even though the buyer promised to not ask for a repair, the buyer should demand a new HVAC installation. Because you never know. Sometimes, sellers cave. I don’t like to see buyers and sellers at each other’s throats when there is no reason for it.
However, the seller pointed out that this was no first-time home buyer who was buying his home in Roseville. Nope, this was a retired guy over the age of 65. The seller said the buyer knew exactly what he was doing. Maybe. Age is really no guarantee, but the seller could be right.
This Sacramento real estate agent sometimes advises her sellers to issue a counter offer when an offer comes in at full price, quickly and with a shortened time frame for acceptance. The counter is not about price. It’s about performance.
If the buyer blows a fuse because the seller insists upfront upon no renegotiations down the road, well, what does that tell you? Buyers always have the right to cancel within the contract default period of 17 days for any reason — but once a buyer commits to buy a home, the negotiations should really be pretty much over. Particularly in today’s real estate climate. There is nothing wrong with pointing out to a buyer that AS IS in the residential purchase contract means AS IS. It doesn’t mean maybe.
You can shake hands all you want, but a pen to paper is always better. If you’re thinking about selling your home in the Sacramento metro area, call Elizabeth Weintraub at 916 233 6759. Put 40 years of experience to work for you.
