Negotiating is probably the most difficult single aspect of any business model to master, simply because it requires the subjective prediction and interpretation of another person’s idiosyncratic tendencies. Unless you are psychic, understanding and anticipating what people are thinking can be an extremely tall order (especially for the inexperienced negotiator). One of the most common modes of negotiating disaster is when one party allows itself to be bullied into an unfair contract. This does not necessarily mean the opposing party is mean or nasty, it simply means they are exerting negotiating force where it does not belong (like a bully fighting in school). Especially considering the poor state of our economy, people (sellers in particular, who have been backed into a financial corner by current market conditions) look to save every penny they can. There is a whole class of sellers out there who wield the confidence, savvy, and fuzzy ethical boundaries required to bully a buyer, even in this recently-unprecedented buyer’s market.
The best way to protect yourself in any negotiation is to be prepared. While you can’t necessarily prepare for your opponent’s strategies or behavioral tendencies, you can certainly be knowledgeable about the facts. That means knowing exactly what the property in question is worth, in the current market. Don’t let the seller tell you about how much he paid just five years ago, and about all the improvements he’s made since then. The fact is, it’s a bad time to sell, and you—the buyer—hold the chips. Don’t get fooled into paying more just because the seller had to pay more. Whether you are an experienced investor or this is your first purchase, it is essential to hire a professional inspector and appraiser, in an effort to be as informed and prepared as possible going into your negotiations. If the seller tries to high-ball you, you can site the deficiencies uncovered by the home inspection or the lower appraised value on the home (both official accounts and strong support).
If a seller is bullying you in this kind of market, it should be treated as nothing more than a bluff. Stick to your guns and don’t overpay. The seller is either a smart negotiator (and will reduce the price eventually, knowing that he holds very little leverage), or is incredibly stupid (and should be avoided on the fields of real estate battle in the first place). Either way, in the current market there are far too many listed options available with motivated sellers, for buyers to be getting taken to the bank by bully sellers.
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