Real Estate Negotiating Principles

“Whomever speak first [in a negotiation] . . . loses.”

–Anonymous

“Whomever proposes “splitting the difference” in a negotiation stands to get the better bargain.”

–Corollary, Ross Kaplan

Veteran negotiators will attest to the truth of the first statement:  if you speak first, you never find out if the other side would have offered/accepted (even) more advantageous terms.

It’s also the case that the more (over)eager party can’t restrain themselves, and gives that away by — yup — talking too much and/or too soon.

But I’ve also found the second principle to be (mostly) true.

The following is an exaggerated, fictional exchange — but serves to illustrate the usual dynamic.

Buyer:  Here’s my written offer of $250k for your $500k (listed) home.
Seller:  Sorry, that won’t work.  I’m countering $485k instead.
Buyer:  That’s still too high.  How about we split the difference?

To be sure, there are situations where splitting the difference is an appropriate — and fair — resolution to a negotiating impasse.

But only when the deck isn’t already stacked in favor of one side or the other.

SeeNegotiating Tips” for more insights on real estate negotiation.

About the author

Ross Kaplan has 19+ years experience selling real estate all over the Twin Cities. He is also a 12-time consecutive "Super Real Estate Agent," as determined by Mpls. - St. Paul Magazine and Twin Cities Business Magazine. Prior to becoming a Realtor, Ross was an attorney (corporate law), CPA, and entrepreneur. He holds an economics degree from Stanford.

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