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

Navigating A Hot Market In Difficult Times.

Buying a home in a global pandemic amidst national social upheaval with record low levels of local housing inventory? Yeah, it can be a challenging proposition at every level, but it’s also perfectly possible. In fact, in many ways, it’s a great time to be a buyer as 30-year conventional mortgage rates are at all.time.lows.

Bad real-world news generally has quite positive benefits for mortgage rates, as it causes a shift to more stable investments, like bonds and mortgage-backed securities, which has the effect of depressing rates. This is good news for buyers! Buyers simply have never had more buying power than right now. And while employment insecurity continues to sideline a portion of the available buyer pool, there are a lot of active buyers in the market right now taking advantage of these rates.

Beyond buying power, the drivers of this demand are the fundamental desires to make a commitment to long-term stability, financial well-being and personal safe spaces and family home bases that will provides shelter, comfort, peace and well-being. Those deep-seated desires and goals provide the backbone of stability for what can be a roller coaster ride.

Because the Portland housing supply is also at three-year lows, the laws of supply and demand dictate that prices will increase (and the competition will be fierce!). And this has been playing out with nearly every well-priced, quality new listing this summer — minimal days on the market, multiple offers, and winning offers going multiple percentage points over asking price.

Besides making the terms of an offer most competitive, choosing an established, experienced local lender can help make or break an offer getting accepted. A local lender who knows the Portland market is best positioned to meet the tight timelines in which transactions are being conducted.

I work hard to strategize with my buyers to ensure they’re ideally situated for success, and to understand what it will take to make a successful offer when *that* house comes along.

My buyer client Grace perfectly embodies this current market and how to successfully navigate it. We were connected through a past client of mine who is her friend and coworker, and we started working together in early May. We had several conversations discussing her goals and needs, as well as the steps involved in the process. I introduced her to a trusted local lender who has helped many clients of mine successfully navigate the complex financial path. We previewed dozens of homes, narrowed down her search criteria over the course of a week or two, toured several homes together, and then she quickly found *that* house. It’s a newer built, and classically designe, bungalow just one block from the Dekum Triangle in my favorite NE PDX neighborhood of Woodlawn.

Grace was well-prepared and she made a very strong offer with competitive terms that beat out at least a half-dozen other offers. The repair negotiations were a bit challenging, and the deal was almost lost, but with her conviction and confidence, we were able to negotiate a significant price reduction to keep things moving forward. At the end of the day, Grace’s determination and desire helped keep the deal together. Today, she’s the proud owner of her very first home, and I couldn’t be happier for her.

TRUSTING THE MAGIC!

Congratulations to my client on the sale of his sweet condo up in the SW Hills! We met last summer after I sold another unit in the complex, and given that there was a hefty special assessment in the works (which makes selling condos a little trickier than normal), he was impressed to see a successful sale go through.  I could feel his trust from the get-go and the foundation for an excellent client-agent relationship was made.

We listed the condo in the summer but due to the slowing condo market, showings were sparse and eventually decided to pull it off the market and wait until the following Spring.

But in the meantime, Fall came around and with the shifting market, new energy for selling.  We did a small price adjustment, updated the marketing and went back on the market just days before Thanksgiving. In just over two weeks my client’s condo was pending with three offers, all over asking! Just goes to show, really ANY time of year is a good time to sell — not just spring and summer.  AND when the time is right, it’s RIGHT (even if it may not logically make sense.)

In that time just before Thanksgiving, I also found myself with a deep intuition to plan a long awaited trip (10 years in the making) to visit India for the first time in January 2020.  I was very hesitant at first, as leaving the country with business in the works can be a little scary, but with the help of my fantastic colleague, Scott Shoji, I was able to turn over the transaction to him and prepare to leave knowing my client would be in great hands.  While there was an exciting Christmas Eve “bump” in the road (Buyer #1 decided to back out with some first time homebuyer jitters), Buyer #2 was thrilled and we got the second round of transaction-action underway! On December 31st, as I began my journey towards India, I turned over my condo business to Scott and took a leap of faith knowing that everything was exactly as it should be — lots of trust that the path which had presented itself to me was the way I was meant to follow. While my logical brain was just a bit nervous, my heart knew everything was going to be just fine.

And in my absence, all was smooth sailing.  No more bumps in the road, inpsections, appraisal and funding all came through with ease, and here we are, closing January 31st!  Huge congrats to my seller on his new adventures taking him to home ownership in a new state. Thank you for your trust, optimism and excellent communication throughout the whole process ~ thank you to Scott for holding it down and being so easy and great to work with ~ and thank you to myself for listening and trusting the inner guidance that suggests seemingly crazy ideas, but are really part of the medicine and joy in this wild journey of LIFE!

My takeaway from it all:

#1-Don’t wait to do the things you have been dreaming of.

#2-Help is all around you, you just have to ask! (And asking can make #1 possible)

#3-LISTEN to what your heart is calling for, even if your brain can’t make sense of it.

#4-Most things really work out with ease and fall into place when you let the heart drive the ship.

and lastly ~

#5-you can work in real estate AND take a REAL vacation — totally possible, but you have to make the choice to do it!

How To Negotiate Effectively, Efficiently – and Fairly

Negotiations are a delicate dance, and it’s not about simply ‘splitting the difference’. In fact, I advocate for and employ strategies that ensure all parties get what they need. The baseline for any successful negotiation begins with establishing trust among all parties – your own clients, as well as the other parties in the transaction. It’s important to me that all my relationships are built on trust and clear, responsive communications. I believe that if I can provide these two things to my clients and the other parties in the transaction, I will be able to negotiate for my clients and influence the transaction in their favor, while also maintaining trust and integrity as a fair partner to the other parties involved.

While many aspects of the real estate business are becoming simpler and more consumer-friendly, most often due to technology developments (searching for homes online, signing documents electronically, the speed and ease of texts, .pdf files and emails, simple photo/video sharing, etc.), it’s still overall a complex and lengthy process involving large financial commitments and obligations, high levels of liability and exposure, timelines and milestones that must be adhered to rigorously, and, perhaps most importantly, human beings and their emotions, logic and passions.

While at first glance the human aspect may seem to be the most familiar of all of the pieces of the puzzle – after all, we live, work, negotiate and play with one another every day – dealing with the human emotions on both sides of a transaction can often be the single most challenging aspect for all parties: buyers, sellers, real estate brokers, mortgage brokers, and escrow officers. There’s no way around it: we’re a complicated species, with emotions that are dramatically heightened when we’re in the midst of high stakes transactions. Most buyers and sellers are dealing with the single biggest transaction in their lives, and that makes it very stressful and more difficult to manage expectations and emotions, and retain the ability to think through problems logically and reasonably.

And I love this aspect of the process! Not because people around me are stressed and worried, but because I’m able to bring forth a wealth of experience, skills and strategies for helping calm my clients, and the other parties involved, while at the same time consistently positioning my client for their ultimate success. I’m a passionate advocate and a skilled communicator. My law school training, and experiences as a practicing attorney, have prepared me especially well to negotiate for my clients in a powerful, effective manner. [Note: I am licensed in Massachusetts only, and do not represent my clients in any legal capacity…this is a bright line I cannot and will not cross.]

There are many ways to split a pie.

Take for example one of the most delicate and important milestones in a transaction: the inspection contingency and repair addendum process. This is the moment when the sales agreement is essentially renegotiated to account for the findings from the home inspection, sewer scope, radon test and underground storage tank locates, as well as specialized contractors like plumbers, electricians, roofers and foundation specialists (to name but a few). There are always things that get called out even for the most scrupulous homeowner. Sometimes these things are minor, but often there are hidden deficiencies and defects that must be addressed – and will be requested by most reasonable buyers.

I’ve helped my clients negotiate big, hairy, audacious repair addenda, including one the represented nearly 6% of the total sales price through a combination of seller credits, direct repairs, and sales price adjustments. That’s a big achievement – not only for my clients, but for all parties involved. Because ultimately everyone is getting what they want. Getting to that point of agreement is where the hard work really comes into play.

To me, the repair addenda process (and negotiations in general) can be distilled into a few simple principles:

  1. Build trust through earnest and clear communications and convey commitment to the transaction to the other party. In other words, “We love this house, care about this transaction, and aren’t simply going to walk away. Let’s figure out how to make this happen.”
  2. Provide facts and independent analysis — basically, show that you did your homework. Don’t simply ask for some random number — be able to make your case and show support for your claims.
  3. Be reasonable and stay focused on key items. Ultimately, this comes back to building and maintaining trust. Focus on key needs. The framework I adhere to, and work with my clients to adopt, is credited to a wise colleague at Living Room Realty and is focused on three key things: healthy, safety and structural repairs. The key word here is ‘repairs.’ This isn’t an upgrade addendum, it’s a repair addendum. Staying focused on those three things isn’t excessively limiting to a buyer, but it does show that they are simply insisting on repairs or credits for items that most reasonable and diligent buyers will also be asking for.
  4. Know when to flex, and know when to stand pat. This part is kind of like poker —  know when to hold ’em and know when to fold ’em. Like poker, the crux is figuring out when the other party will budge and what their limits are. Not to say that any of this is a game, but similar psychology does come into play.

There are many more pieces to the real estate puzzle beyond the inspection contingency and repair addendum process. In fact, some of the most challenging transactions I’ve had are because of things that arose in the week or two prior to closing — something that had to be figured out among the parties, often with significant dollars involved, before the closing could occur. Those are more individualized in their nature, but the process for addressing them is the same. And by that point, hopefully the parties have built enough trust and are invested enough in the transaction that they become more willing to negotiate and make the compromises necessary to keep the deal together.

Simply, I love to negotiate and enjoy the challenges and rewards of the process. Helping my clients realize a positive outcome is deeply satisfying for me.

And I love to see my clients achieve all of their goals, whether they are buyers or sellers. It’s an honor to be a trusted teammate and partner in their process, and I don’t take that honor lightly. My training as an attorney was to be a zealous advocate for my clients. I approach my relationships with my real estate clients in exactly the same manner, and I feel like it’s the right approach. Please read my client reviews, and see what they have to say.

We humans are a complicated lot and negotiations in a real estate transaction can be difficult, but by focusing on some basic principles and sticking to them even when the going gets rough, the results can be consistently and overwhelmingly positive.

ANDY MEEKS
Living Room Realty

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

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