Counteroffers: What sellers need to
know
Julie Garton-Good, GRI, DREI
You've found a buyer and she's made an offer. But the offer
is not quite what you were looking for, so you make a counteroffer back to the
buyer. A good idea? Maybe. To be a strong, in-control seller, it's imperative
that you understand the good, the bad, and the not-so-good regarding
counteroffers. So let's explore what a counteroffer is, how it works, and how
you can use it to best advantage.
When counteroffers occur:Counteroffers
are replies to original offers (as the name implies). Just like making a verbal
counter-point to another person's statement, the counteroffer is a response to
an original offer. For example, the buyer asks that you leave the washer and the
dryer with the house. You decline and counter back to the buyer with the washer
and dryer marked off of the personal property section of the contract. You have
made a counteroffer.
Counteroffer snafu: It sounds
simple. But there's one twist. A counter offer is an entirely
new offer, one that the buyer doesn't have to accept. Any change, no
matter how minor, voids the first offer, and the buyer is under no legal
obligation to respond to the new offer. This means that even though the buyer
first offered to pay full-price (in cash) for the house, you may have just
killed the sale because you balked at leaving the washer and dryer worth $200!
Communicating your acceptance:There's
an additional point to understand regarding offers of all kinds (counter or
otherwise): The offer or (the person making the offer) has the right to withdraw
the offer prior to it being accepted and that acceptance being communicated back
to the offeror. This means that a buyer could withdraw the offer (with earnest
money being returned) anytime prior to receiving word that you accepted the
offer.
For example, you are trying to decide whether or not to
accept a buyer's offer when you receive a call stating that she is revoking her
offer and purchasing another property. Or worse yet, you accept the buyer's
offer, and, in your state of euphoria, forget to call her to relate your
acceptance. Prior to hearing from you, the buyer could withdraw the offer.
When counteroffers make sense:Does
this mean that you should never make counter-offers to a buyer? No, but make
sure you know the price you pay if you do! The buyer doesn't have to accept the
offer, can walk away from the sale---can even counter back at terms more in his
favor and less in yours. Make sure you weigh the pros and cons before proceeding
and be ready to accept the consequences. In general, win/win negotiating will
take you a long way in making and accepting counter offers. If you keep the
other party's position in mind when negotiating, meeting the buyer half way will
be easier to do and more productive as well.
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