November 2011

Understanding the negotiation process

Vendors sometimes think that moving from their original asking price means they are "losing money", while purchasers are afraid of "going too high" in the heat of the moment. It's a wonder properties ever get sold, when the price a purchaser is prepared to pay is often so much less than a vendor is prepared to sell it for.

Whether you are buying or selling, it helps to remember that market value for any property can never be scientifically established or arbitrarily insisted on. A property's price depends on purchaser demand at the time of selling; when there is little buyer interest in a property, the price tends to be lower. If there are lots of buyers competing for a property, the price tends to be higher.

Neither the vendor's "I won't take any less than.." or the purchaser's "This is my final offer" actually determine the price. The price only becomes a reality when two parties agree to it and exchange contracts at law. The point or price that is neither too little nor too much depending on where you are standing is arrived at by small (usually!) adjustments until both parties evolve to a position they find mutually satisfactory.

Many vendors and purchasers think they can deliver a price ultimatum. If this is done before the market value is arrived at, it will usually bring negotiations to an end. The New Shorter Oxford Dictionary (1993) says: "It is not a negotiation when one party says "this is what I want." It is easy to forget that market forces dictate prices and vendors who say: "We need $x to buy what we want" and purchasers who say: "This is my one and only offer, take it or leave it" need to ask themselves whether they have based their figures on analysis of past selling prices for similar houses, and not on their own wishful thinking. Whether you are a purchaser or a vendor, leaving a window open for negotiation usually means you won't get the door closed on the sale.

Where the balance of power lies in negotiations depends on the market. In a sellers' market, vendors can and do make ultimatums and hold out for dream prices, while in a buyers' market it is the buyers who have the upper hand in any negotiations.



What is your agent telling buyers?

This week the Victorian County Court awarded damages to a high profile plastic surgeon and his wife after the court found that a property they purchased was actually worth $200,000 less than they paid.

The court heard that the purchasers were the highest bidder at $2.1m at an auction in May last year but the property was passed in and the purchasers then commenced negotiations with the agent. The agent told the purchasers he had other offers and they then signed a contract for $2.7m , but the court found that there were no other offers on the property and that they were deceived by the agent in the post auction negotiations.

The court found the property was only worth $2.5 m at the time and awarded damages against the agent of $200,000 , but the legal costs are likely to eclipse this amount. While regulations and laws are designed to prevent this occurring , this is an clear example of bad practice by the agent.

Whether you are currently selling or looking for an agent, it is vital that you establish up front your clear instructions to the agent. Make sure you are appointing someone you can trust to act ethically on your behalf and don’t be afraid to ask for referrals.

While there is no indication at this time that the vendors will be partly or wholly liable for the agent’s indiscretions, no one ever wants to be put in this position. A property professionally presented and properly marketed will always achieve a fair market price whatever the economic conditions are at that time.

Sit down with your chosen agent and discuss all the options available, the sale methods that suit the property, the economic climate as well as all the associated marketing costs.

You are putting your most important asset in someone else’s hand and trust and open communication are vital!!