Why Myths and Truths That Nobody Else Will Tell You About? Because They Don't Want To Scare You, But Without Being Briefed Up-Front, When It Happens It's Ever-more Stressful, and That Reduces the Chance of a Favorable Outcome.
Knowing this in advance may help you avoid it all...
Email Doomsday - The lawyers try to negotiate terms without speaking to each other (email only). A misunderstanding between them in conflict with the deal memos caused much unnecessary stress, the parties lost trust in each other, and seller walked away. Talk to us and we'll tell you more, and we'll protect you from that nonsense.
Novice Agents' "Expert" Overkill – A buyer’s agent trained recently on surveys and fences made a fuss over a fence encroachment. It’d been that way for 30 years and nobody really cared because the lender didn’t require a survey. The agent had almost ruined the deal over it trying to over-protect his clients and was finally convinced to drop the matter. Ask your agent and lawyer, if they or others inject issues: “Does this really matter?”
Experts' Expert Overkill - a good agent questions and fights if need be. An expert appraiser found a property of poor value because on paper it was ‘landlocked’ having road access only by permanent easements and delivered a terrible appraisal that could cost. A 2nd appraiser found no practical effect so delivered a normal full value appraisal.
Took Too Long, Outbid, and More – Delays can tank a deal. On a Friday a buyer received a signable contract and decided to take the weekend to "sleep on it". On Saturday he was out bid by $30,000. Often, the original buyer surrenders. Our buyer met that offer and got the house, but it cost him an extra $35,000. When your agent says “you’re taking chances” with a negotiation or a delay, listen closely!
“You Cheap B’std!” Over-negotiating – it means you’ll be further trouble and may not lose. A buyer had an accepted offer on a very suitable unique home. After the inspection he asked for a $10k reduction, a very reasonable ask considering all the work needed. Seller didn’t say ‘no’, so buyer might reply ‘ok’, rather, seller said ‘we’re moving on to our next offer’ and the home was lost. Usually you get a 2nd bite at the apple but not this time. Don’t depend on “usually”.
One Lawyer Disses Another and Kills the Deal - This initially had nothing to do with buyer or seller or their agents. A lawyer was busy and didn't call the other attorney for 3 business days. It was taken as showing lack of interest and sellers went to the next offer. The Realtors and clients got screwed because of an unresponsive (to the other side) counsel. We supervise better, and recommend reliable vendors
Lawyers Make Mistakes Too - Bad doctors, bad lawyers, bad Realtors, bad people, all exist all around us. A lawyer trusted the other party, too much, and they hoisted a 25% down payment into the contract. The truth as agreed, in the deal memo sent by the Realtor, was 20%. The attorney didn't catch it, nor did he bother to consult the Realtor. The client trusted his lawyer, and signed. The mistakes cost the buyer an extra $30,000. Insist your Realtor and MLO proof all important documents before signature. We're incented to keep the transaction intact if you want it, and others just don't care as much.
For Sale, Really? An Extended Family Finds (and Looses) a Perfect, Huge House. After many months spent, it became clear the seller did not want to/could not relocate, and was emotionally incapable of completing any transaction. The house slid into foreclosure. Is the other party a flake? If so, your transaction is in danger unless managed extremely carefully and pro-actively. These types get very nervous and even less capable, and eventually miss deadlines and stop returning phone calls until it’s clear they won’t transact. It’s your agent’s job to compensate for another agent’s imperfections, and to make sure the seller truly wants to sell.
1 Little Repair That Ruined All The Family Plans – Seller had agreed to perform some minor repairs before contract. Buyer deemed 1 repair insufficient (it’d cost them $1000 if seller wouldn’t make good). Seller thought his job was fine and wouldn’t go further. Buyer pulled out, having lost a $250,000 property over $1000. See the big picture and don’t hurt yourself in the course of reacting to others – ask your Realtor, at every juncture, or they can’t talk you off the ledge. (ps, 2 years later, they are still looking.)
The Deal Literally went to Sh t – Upon septic inspection, it needed repair. Seller agreed to do it, but it’d have to go into the contract. Listing agent would do nothing but say “it’ll be done by close”. Buyer bolted under advise of his agent and attorney as it was a $15,000 repair they were asked to trust. In this case, seller’s agent was incompetent possibly with dementia and the deal died over confusion over who would do what when and how it’d be guaranteed to get done. Only work with people with reasonable patience who are capable of problem-solving.
Uncle Joes – If Uncle Joe is in the loop for all briefings, he/she is a valid and valuable ally to help decision-making. If not, if Uncle Joe appears only once an offer is accepted for example, it's big trouble. Uncle Joe thinks he knows everything about real estate - after all, he's bought and sold 4 homes in his lifetime and fixed all them himself. Here's where Uncle Joe can really mess you up. The market is not what he knows. Without context, Uncle Joe will point out every negative thing, doing his job to protect you. A home you loved and knew you needed to fix a bit (these 'used' homes always need something) is now sounding terrible. It isn't. It's Uncle Joe. Don't lose the place by taking Uncle Joe's negativity to heart. Many have, just to realize they need to deal with the same stuff at most any home and now they've lost another 6 months.
The Perfectonists – Just don't go there. No home is perfect. Real estate is about priorities and trade-offs. We can get 80% of what you want. The other 20% you can build on or decide to live without. This writer absolutely needed a walk-out basement for the dog, and I sacrificed that, to prioritize a place allowing dogs with the view I wanted. You can change your mind throughout the process and most everyone does, as they learn about the market, the process, and their own evolving view of priorities.
*Important qualifications regarding all information on this site: All numbers represent the experience of our agents and may not accurately reflect national averages or others' numbers. All examples are anecdotal, and should not be regarded as relevant to your own circumstances. Our firm provides the information on this website for general guidance only, and does not constitute the provision of legal advice, tax advice, accounting services, investment advice, real estate advice, or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, finance, realtor estate r other competent advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation. All information is provided "as is," with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose. To review your situation, reach us at 914-413-3689.