How To Flex The Offer In Your Favor

When I’m meeting with new buyer clients, my top priorities are to learn about their needs, goals, timelines, geographic area, budget, future plans, and the best ways to communicate. I also make sure to set expectations with how we’ll work together through the search process, and generally how the home-buying transaction proceeds. And I make time to answer every question, big and small, to make sure we’re on a solid footing of trust and teamwork.

Most importantly, I want my buyers to leave these initial meetings with a clear understanding of the assets they have as buyers. Assets are not only the various components of financial capacity — they include timing, location, scope, their flexibility and overall risk tolerance. These are assets that can be deployed in various ways at key times in the search process, and especially when it comes to make an offer. And every buyer has assets they may not be considering.

As the market continues to be a competitive one, especially for nicely-updated and well-priced homes, it’s important that we craft offers to be as competitive as possible, within the bounds of a client’s specific limitations, capacities and tolerance. Since an offer is a compilation of many different terms and conditions, and each of those terms and conditions can be dialed up or down in their strength, think of an offer as a control panel of dials and switches, all of which can be flexed in your favor.

With that in mind, below is an explanation of some of the terms and conditions that a buyer can flex. Every strategy presented by these will be on the risk/reward spectrum, and not all of these are available or desirable for everyone. (And there are others beyond the scope of this post.) But it’s important as a buyer to understand how key terms can be used to your advantage and should be considered and discussed with your broker and lender as you get involved in the market as a homebuyer.

  1. Offer price: this is the obvious one, but figuring out how much to offer while not offering too much is never easy. Of course, it will always come down to your desire, willingness and ability. Figuring out what the right number will be requires a combination of analyzing comparable, recent sales, but also understanding how far you need to stretch to make a seller say Yes. Real estate brokers who are submitting offers for their clients frequently will have a good grasp of what that winning number will be. Also important to remember: the highest offer price is no guarantee of success. There are many other factors when considering the strength of an offer, and very often a combination of other great terms can overcome not offering the most money.

  2. Type of financing: if you’re a cash buyer, you can stop reading now and congratulations to you…you’re going to have a huge advantage over every other buyer out there. If you’re not a cash buyer, how much are you financing? Larger downpayments, of at least 20%, can have the advantage of perhaps qualifying the property for a waiver appraisal (if the property was sold or refinanced in the last 7 years). More on the appraisal below, but in addition, larger downpayments can also instill greater confidence in sellers as it relates to the quality of the buyer as a borrower, which makes them perhaps more likely to make it through the underwriting process successfully.

  3. Choice of lender: in a smaller market like Portland, reputation is paramount, and local lenders will always be able to provide a boost to your offer. Large national banks and lenders may advertise great rates, but they have some well-earned and poor reputations for not being able to close loans on-time, and for marginal customer service. If you can’t close on-time as a buyer, you’re in breach of contract and you risk losing your earnest money deposit. A lender who know the Portland market, who is accessible and communicates well, and who will always be available to help, is a crucial asset and team member in your homebuying campaign. Choose wisely.

  4. Closing date: if you’re financing your purchase, the typical closing timeline is usually 28-30 days. But if you and the property can qualify for an appraisal waiver, then you might be able to shorten the closing date by 7-10 days or more. And that’s a big advantage. Cash buyers win here again because they don’t need more than a few days at most to close, pending any inspection period, etc. Speak with your lender to understand what their ability is to close fast.

  5. Order appraisal quickly: the appraisal is often the one step in the process that takes the most time, so in order to guarantee you can meet your selected closing date, it’s crucial to order the appraisal as soon as possible…ideally upon mutual acceptance of the sales contract. The risk to this is that as soon as the appraisal occurs, the buyer is on the hook to pay for that appraisal. And they can cost anywhere from $750-1000. This cost is wrapped into the buyer’s closing costs, so if often invisible in that way, but if for some reason the deal doesn’t close, the lender may pass along that cost to the buyer to pay out-of-pocket (although many lenders can waive this or wrap it into the next transaction). Definitely ask your lender how it works for them.

  6. Address specific seller needs: it’s important to know whether the sellers need anything in addition to ‘best terms’ [offer price, closing date, inspection/appraisal waivers, etc.]. One of the most common things is the need for ‘rent-back’ while they find a new home and move out. If you have flexibility in your current living situation, and can offer free or cheap ‘rent-back’, basically making the sellers your new tenants at closing for a period of time (but usually no more than 60 days), that can help strengthen your offer considerably.

  7. Inspection waiver // set minimum repair figure: perhaps you’re very handy, have a family member or friend who is a contractor or in the trades, or you have a good feeling about a home after viewing it, or simply are less risk-averse. If so, you may offer to waive the home inspection and environmental inspections, or some combination, and promise to purchase the home as-is and not request any repairs. Risky, for sure, but this can be a big difference maker. Or, short of a full waiver, perhaps you offer to not request any repairs less than a certain dollar amount. Either way, these terms can trim some risk from the seller, and that has considerable value.

  8. Appraisal gap coverage // appraisal waiver: this is where it start to get tricky, and often a bit uncomfortable. But this is probably the single biggest term to get right. If the purchase is being financed, it needs to have an appraisal. The appraisal is an opinion on the value of the home, and the lender hires the appraiser to help support the loan under consideration. If there is a shortfall between the sales prices and the appraised value — and this is happening frequently in this market because of the high sales prices — it’s a risk to the transaction because of the appraisal contingency in the contract that provides protection for the buyer and an ability to terminate if the property doesn’t appraise at the sales price. This potential gap in value makes sellers nervous, and you definitely need to address this in your offer, if at all possible. How this works is more complicated and beyond the scope of this blog post. But, very basically, a buyer can provide assurances that they will close any gap between the sales prices and the appraised value. This is done by increasing the downpayment by that difference to preserve the loan to value ratio that’s desired or required. So, if you have extra cash beyond what you set aside for your downpayment, and are able to deploy it in this manner, it can be hugely beneficial to you.

  9. Release earnest money early: the earnest money deposit is the consideration a buyer provides to the seller to choose their offer and negotiate exclusively with them through the process. This earnest money is typically 1-2% of the purchase price, and acts as liquidated damages in case the buyer backs out of the transaction outside the various contingencies in the contract. It’s what the seller keeps if the buyer can’t close the loan on time or gets cold feet. The earnest money deposit is part of the downpayment, so you’re simply paying it forward to your downpayment that’s needed at closing. You can potentially structure your offer so your earnest money is unconditionally released to the sellers at various milestones during the transaction. Of course, there are significant risks with this, but if you’re 100% committed to buying the house, this might be a method that can benefit you.

Please let me know how I can help you craft an a compelling offer by working with your strengths and turning those dials up for the win!

Photo by Adi Goldstein on Unsplash

Airbnb to Just 5 People per Year

In 2010 I did a short-term work assignment in Switzerland with the company I was working for at the time. I lived and worked there for about five months. For someone like myself who loves to travel, it was ideal. I temporarily left Indianapolis, where I lived at the time, packed a few bags, and rented a fully furnished flat in a walkable area of Geneva. I was walkable to downtown, Lake Geneva, and the train station where I took a short train to work.

The furnished apartment was a little like corporate housing. Inside it was fairly basic. They provided all of the essentials, but nothing stood out as exceptional about the place itself. Today, corporate housing looks different, and has expanded to more people. They are better known as midterm rentals, and have platforms like Airbnb, VRBO, and Furnished Finder. Because of that it’s easier for home owners to rent their own properties out for a month or longer. Plus, these places tend to have much more style and character. These property owners are enchanting their guests to come stay at their place for a few months with their Pinterest-quality posts.

More People Working From Home

With the pandemic, came many people working from home for the first time ever. For some that meant all-day zoom meetings, kids and dogs hijacking calls, and not enough in person socialization. Some were eager to get back to the office. While others thrived with the work flexibility and getting more accomplished in their own working environment, wherever that happened to be. As most of us realize now, many have been called back to the office, but just how many haven’t been?

Mckinsey and Company, one of the largest global management consulting firms, published a study in June 2022 based on a survey of 25,000 Americans in the Spring 2022. Respondents worked in all kinds of jobs, in every part of the country and sector of the economy, including traditionally labeled “blue collar” jobs that might be expected to demand on-site labor as well as “white collar” professions, and found that 35% of job holders could work from home fulltime. You can read the full article here.

Flexible Work Life – Work From Anywhere

With that new found knowledge, several people are moving or moving temporarily, and staying in a midterm rental. A friend of mine working for Nike moved to Mexico just for fun when she found out she didn’t have to return to the corporate office in Beaverton. I had clients from Durango, CO, this year who work for Tesla, who were able to move parttime to Portland, close to their daughter and new grandchild because of their new work flexibility. Interestingly, I met these clients because they found my own midterm rental online last summer, and rented it for a couple of months while they were exploring Portland.

The Midterm Rental Benefit to the Homeowner

In 2020 I decided to renovate side by side townhouses, furnish them, and rent them out for month or longer stays. Since that time, it has been rented about 95% of the time it’s been available. There are many advantages to midterm rentals. Less turn over, and fewer guests to coordinate is one of the biggest ones. But, it can also be available for personal or friend/family use, and there are some good tax advantages that you can talk with your accountant about.

That first year, I had just 5 guests ranging from one to five months, and was able to block out time for personal use if I wanted. Providing a place in a great area of NE Portland, the Alberta Arts area, these townhouses have attracted not just people who can work from home or another location; but those moving to Portland who need short term housing while they look for something permanent, locals renovating their current home, even students who are able to study remotely and traveling healthcare professionals.

As an investor, myself, I stay on top of what is happening in real estate. From house flipping to long term rentals, to short and now midterm rentals. In my opinion, this  newer type of investment strategy is in the beginning stages of taking off.

To see more on the side by side townhouses I remodeled, and now rent as midterm rentals, check it out here.

The Winning Contingent (Offer)

In an ideal world, our homes are our source of stability, our base of operations, and the nerve center from which our lives proceed and evolve and change. So it’s not uncommon that when those life changes require a new home that better fits those changing needs, the question arises: how do I purchase a new home if I need the net proceeds from the sale of my existing home in order to purchase a new home?

That’s when a contingent offer situation comes into play. In addition to generating the funds for purchasing the new home, a contingent offer allows you to shop for a new home while still living in your house; if the timing works out, you only move once. But, and this is a big caveat, it can be a complex and time-consuming process, so it’s important to know what to expect prior to getting started.

And that’s what I just helped my clients Peter and Erin do: we navigated a very competitive segment of the NE Portland market, found a house that fit all of their future needs in terms of size, location, condition, and price, and were fortunate to have their contingent offer accepted and moved into first position. (Their offer was originally in a back-up status before the first buyers withdrew their offer.) We crafted a strategy that positioned them for success, and it was a complicated process of meeting multiple milestones with two sets of parties, and keeping everything organized and synced up.

Let’s dive into the various details of a contingent offer situation, and how to develop a winning strategy:

First of all, contingent offers are just like all other offers to purchase a home, except for the condition of your own home sale. Because of this condition, contingent offers are less attractive than most other offers. In a competitive market such as ours, it’s a big lift to ask sellers of a home to accept an offer that hinges on a home that hasn’t yet been sold or perhaps even put on the market. In Peter and Erin’s case, they were not able to put their house up for sale until they secured an accepted offer on a new home. With two young boys and a dog, and with Peter working from home, it would have been very inconvenient and expensive to sell their home first, and then look for a home – with no guarantee of a timeline for finding that new place.

Fortunately, after more than 15 months of searching, they found their ideal place and were ready to make an offer. Prior to submitting the offer, I spoke with the listing agent to explain Peter and Erin’s situation. This is something I do with all of my clients, but it was especially important here to attempt to find some stronger bond and connection between the sellers and my clients. Accepting a contingent offer in many ways is an act of deep trust, and working to ensure that trust was in place early in the process was crucial. Fortunately, the sellers shared a lot in common with Peter and Erin and their family, and remembered themselves in that same situation years ago.

Peter and Erin’s offer stated that upon acceptance of their offer, or placement into first position, they would put their home on the market within one week. That meant a lot of uncertainty if and when we would put their house on the market. I counseled them to expect about 2-3 weeks before we had greater clarity on the first position buyers. It takes about this long to work through the inspection period and subsequent negotiations, and this is often where a deal will fall apart. Indeed, about two weeks later, we got word that the buyers backed out, and Peter and Erin were moved into first position. We then had one week to get their house ready to be listed, and fortunately I had already helped them start to prep with decluttering, organizing and cleaning, and I had all of the relevant data on their house ready to go. We just needed to get photos taken, and we went live on Halloween day…auspicious, perhaps, but not spooky!

Their offer also stated that they would notify the sellers of their decision to move forward or terminate within 28 days. From my market research, we knew that 23 days on market was the average for a house like Peter and Erin’s, and I was confident that we’d find a buyer in that time period. Since the new house was also in this same market area and segment, the listing agent understood that a 28 day promise was reasonable and supported by the data. Indeed, we went pending 21 days later.

Here are the basic components of this unique contingency:

  • If your home is not yet listed for sale, you must provide a date when this will happen. Obviously, the quicker, the better.
  • You will then provide a deadline date by which you will accept an offer on your home.
    • This is where your broker must have a solid understanding of the average days on market for similar homes to yours in your neighborhood, in order to provide a clear timeline to the sellers on how long it should be before you accept an offer on your existing home. Of course, the shorter, the better.
    • If that date passes without you receiving an acceptable offer, you then have two standard choices, and one potential option:
      • Remove the contingency and move forward with your purchase.
      • Terminate the offer by letting that date pass without further action. If you terminate the offer in this manner, you will receive your earnest money deposit back.
      • A third potential ‘option’ is that you negotiate to extend this date with the seller — this ‘option’ is not guaranteed and shouldn’t be part of your plan.
  • The seller who accepts your contingent offer is still allowed to continue to market their home for sale, and even accept other offers that are more attractive than yours. Your status as a contingent buyer puts you in what’s called ‘bumpable status’, although sometimes the sellers will just leave the house in a pending status and not provide other potential buyers with the opportunity to view the home.
  • If the seller does receive a better offer than your contingent one, before you’ve notified the seller that you’ve accepted an offer on your existing home, you will receive notice from the seller, and you’ll have (typically) one day to choose between one of three options:
      • You’ve accepted an offer on your home, thereby removing your contingency;
      • You have not yet accepted an offer, but you will remove the contingency of your home sale and agree to move forward with the transaction and pay for the balance of the home with other verifiable funds; or,
      • Terminate the transaction and receive a refund on your earnest money deposit.

Here are a list of things to think about and discuss before choosing a contingent offer approach:

  • If you’ll be living at your home while it’s on the market, you will need to keep your house in a ready-to-show state, with showings occurring with little notice, likely for a solid 3-4 weeks. Think about what this will mean for your daily life, and whether and how you can adjust to make this possible.
  • Ask your broker’s opinion on days on market for your house, and how this will help/hurt your chances of a contingent offer being accepted.
  • Consider the crucial importance of pricing competitively. When you have limited time to accept an offer on your home so you can buy your next home, this is not the time to set an unreasonable, unsupported or stretch listing price. The hope with a competitively-priced home in a competitive market is that you will receive multiple offers and you can ultimately get more for your house than you listed it for. In fact, we experienced this very thing: Peter and Erin received an offer over their original listing price, despite making a $10,000 price reduction after two weeks on the market.

In the end, everything came together very smoothly. It was the result of a great strategy, excellent planning, teamwork and communication, a deep reservoir of patience and fortitude by Peter and Erin, and skillful, quality agents on the other sides of both transactions.

Now, finally, Peter and Erin get to welcome a new decade with their two young boys and their beloved dog, in a new home that meets or exceeds all of their needs. It was well worth the wait, and their joy is my joy – a huge reason why I do this work.

If a contingent offer makes sense for your situation, I’m happy to discuss more details with you and to help form a strategy for your success!

Header Photo and Credit: Natalia Y on Unsplash

ANDY MEEKS
Living Room Realty

Licensed Oregon Broker  | Earth Advantage REALTOR®
andy@livingroomre.com | 971.400.0195 | PDX

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