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A Negotiation Tactic for Sacramento Realtors Dealing With Unreasonable Demands
Sellers deserve a Sacramento Realtor who is fearless with strong negotiation skills.
Whenever I am faced with a dilemma, the way this Sacramento Realtor works her way out of it — as hokey as this might sound to some of you — is to consider my fiduciary duty to the client first. Forget what I might think or what the other parties might want, which negotiation tactic is best for my seller? The answer is almost always crystal clear at that point. That’s a little secret I pass along from me to you. It keeps things more simple when focused.
Notice I didn’t say it makes my job easier because much of the time it doesn’t. The negotiation that is best for the seller almost always involves extra work and it can be complicated. Not only that, but I can’t go around making unilateral decisions without my client’s acknowledgement and permission. It’s not my house nor my transaction. That’s a good point to remember. As a Sacramento Realtor, you can’t get too wrapped up in somebody else’s situation that you start to make decisions for them. Because that would be bad.
It can be a fine line to walk. To want to protect your client and negotiate what is best while at the same time not making the decisions for your client. It’s in the approach though. I’ll give you an example that happened a few days ago on a home that just closed escrow on Friday.
The buyer’s agent has had terrible experiences in the past with tenants, which might have clouded his judgment somewhat. Although this home was not tenant occupied, he felt the family who lived there acted like tenants, and that was enough, probably through transference, for his buyer to submit a Request for Repair asking for the squeaky front door to be unsqueaked and a minor hole in the closet patched. The buyer asked for a few other things, including shampooing the carpet, and he tried to force the family to move prior to closing.
While we were pondering how to respond to this unreasonable request at the 11th hour, the agent hit me with an email to say he also decided they would prefer to close escrow on Monday and not on Friday. Our purchase contract stipulated a closing on Friday. The seller was about ready to agree to credit a small amount of money to the buyer to compensate for his anguish over the squeaky front door until the buyer’s agent came up with an additional demand.
At that point, the seller rejected the Request for Repair outright. In addition, I mentioned to the seller we should submit a Demand to Close Escrow because the buyer appeared to require a kick in the seat of his pants. She wasn’t sure what that meant, I suspect, but she agreed to the negotiation. You really can’t renegotiate a contract, I explained to the buyer’s agent, without an agreement from the seller, and while I could not speak for the seller, I had a suspicion she would cancel the contract if they tried.
The best way to cancel a contract is to first send a Demand to Close. The buyer’s agent forced us to produce it. That negotiation tactic was the best protection for the seller. The seller has less to lose than the buyers, I pointed out. Now the home would be vacant, making it easier to show, which means we would get more showings and, in our tight market, probably a higher offer. Yeah, let’s go back on the market.
Painful to say, but the right negotiation for the seller.
We closed escrow on Friday on time. No Request for Repair, either.
When a Sacramento Realtor focuses on the negotiation that is best for her seller and takes herself out of the situation, the solution is apparent.
Dealing With Unreasonable Buyers After a Home Inspection
A home inspection is only for a buyer’s edification and not a license to ask for repairs after a home inspection, but what do buyers know? When it comes to advising clients in a real estate transaction, this Sacramento real estate agent is direct with her advice. There is no skirting around the issue. I try to present a balanced picture for clients, pros and cons of actions they could take or ignore, especially when it comes to the dreaded Request for Repairs, which are often a buyer’s response to a home inspection. I wish often that agents would provide a better education for their clients, but then that would involve recommending top-notch home inspectors at all times, and that’s just not a reality.
Sometimes, the buyers don’t want to hire the agent’s home inspector because they don’t trust their agent. Which is always a lovely situation. They might think their agent is likely to recommend some doofus home inspector who won’t do a thorough job or who will gloss over some stupid repair, which is idiotic thinking, but what are ya gonna do? You can’t easily change how a stubborn person thinks, especially if they won’t listen. Therefore, often what perpetrates a problematic request for repair is a home inspector’s bad home inspection report.
It’s not bad in the way that a buyer would think in that a home inspector was covering up an issue. To start with, home inspectors don’t cover up issues. They expose issues. The main problems are some that home inspectors expose issues that don’t exist or insist that items are broken / need repair when said whatchamacallits are perfectly fine.
One can also throw into that mix an agent who whips out a pad and starts writing down all of the buyer’s concerns without so much as lifting the pen from the page or discussing them. Being an order taker is not what a buyer’s agent is all about. I would shrivel up and die if I presented a Request for Repair to a listing agent like some of the documents I receive. Some of the requests are just a list of every defect from the home inspection. What that tells me is the buyer’s agent either has absolutely no guts or else no clue — either way it’s bad. Sometimes agents behave like they are order takers and not real estate agents.
Maybe they’re simply exhausted and worn down by the buyer? That can happen. But then the rest of us are stuck with explaining why the home inspector was wrong in the report and why we can’t perform the repair requested. Besides, sellers are not required to fix anything the buyer complains about. Every home in California is sold AS IS. But most sellers want the buyers happy with their new home, so we try to find a way to keep everybody on the path to closing.
I just wish buyers would select one or two major issues like most sensible buyers would do. But then, this is Sacramento real estate wherein expecting things to make sense could render one a crazy person. You know the definition of insanity, right?
Buying a Home in Sacramento in AS IS Condition
AS IS — two simple words that seem to cause so much confusion in Sacramento real estate. I can say AS IS over and over until the cows come home and it doesn’t seem to sink in. My sellers can ask me to draw a counter offer or an addendum to a purchase offer that clearly states there are: no repairs, no credits, no renegotiations, as the home is sold in its AS IS condition, and buyers can sign that document, yet soon as their pen leaves the page, their memory of this contractual agreement vanishes. Did they dip a feather quill into lemon juice? Have a lobotomy?
My heart goes out to buyer’s agents who have to deal with the AS IS Condition issue day-in and day-out. They can explain that a seller will not give them a credit nor make any repairs but the buyers will still push. I realize that sometimes it’s not the buyers who are the problem — it can be their relatives or their coworkers or their drinking buddies: Hey, when I bought my house, the seller painted the entire interior, bought me all new appliances and threw in a Mercedes. The implication being that the buyer is a wuss or a nitwit. The self-important braggers neglect to point out this was 20 years ago or in a different city but the point is it is not this transaction. All transactions are different.
When I receive an email from an agent with a single sentence attempting to defy the AS IS, I know what happened. The sentence might say, my buyer is requesting a $3,000 credit to closing costs. Or, my buyer would like to know if the seller will split the cost of a new roof, which might have been a talking point during negotiations. So, the agent feels a little silly having to ask that question because the agent had already discussed it with the listing agent and the buyer prior to the offer. I know the agent pointed out the roof and said it was the buyer’s responsibility. And I know the buyer understood. And we both know that I know.
Still, the buyer’s agent must ask the question if the buyer poses it.
If the buyer’s agent thinks the buyer has half a chance of obtaining any of these requests — which the buyer had made after the buyer promised not to make them — the buyer’s agent will try to build a case for the buyer. But when there is no case presented, just the request, I know the poor agent is feeling the pain.
Buyers often don’t stop to consider that they might be irritating the seller with these types of requests. Especially when they tripped over the sidewalk walking up to the front door. They should not come back later after promising not to ask for repairs and demand that the seller replace the sidewalk. It makes the buyer look like an idiot (or conniving), none of which sets well with the seller. Any special requests the buyer might need down the road, such as an extension to close or any gifts such as refrigerators or washers and dryers are unlikely to be granted when a buyer attempts to break a promise.
If a buyer doesn’t want to handle the consequences of purchasing a home in its AS IS condition, then maybe the buyer shouldn’t try to buy a home under those conditions in a hot Sacramento seller’s market. It’s all a part of home ownership anyway. Things break, malfunction and stuff need to be updated, repaired and maintained — all during the life of a home buyer. It’s scary for a buyer starting out, and that’s where the buyer’s agent can be an invaluable tool.
