Don't Hesitate To Make A Low Bid To A Seller
By Benny L. Kass
Q. I am a first time
home buyer, and have been pre-approved for a $255,000
mortgage purchase. In my search, I have seen a number of houses in
the $300,000 - $500,000 range in good, move-in condition. The problem
I am having is where to start my offer. My realtor
is telling me that those houses are priced too high, but that no one
there will sell their house for under $300,000. What do you recommend?
A. I have to ask you two preliminary questions
first.
Are you approved for a mortgage in the amount of $255,000
or for a home purchase in that amount. If you have been approved
for a $255,000 mortgage, that means that you can probably
buy a house worth at least 10 percent more. Most lenders will
lend you up to 90 percent of the purchase price; some will
lend you even more. Check this out with your lender to make
sure you understand exactly what you have been qualified to
purchase.
Second, you used the words "my realtor." Is the real
estate agent or broker really your agent? Have you
signed a "buyer broker" arrangement with him or her? If
not, it is important that you keep in mind that the broker (Realtor)
really represents the seller. If the realtor knows your mortgage
limit, he/she is duty bound to disclose that information to the
seller. And you certainly do not want the seller to know exactly
how much you are prepared -- and able -- to obtain a mortgage loan.
And even if the broker claims to represent your interests
only, my suggestion is to keep the lender’s information
to yourself. If you are able to sign a contract, then you
can provide the letter from your lender. Many standard contracts
state that “Purchaser will provide seller, within three
business days after ratification of the contract, with a letter
from a legitimate lending institution indicating purchaser’s
ability to obtain a loan.”
This is known in the trade as a “comfort letter”.
It is not a formal loan commitment; the lender has to review the
sales contract and have the property appraised before such a final
commitment can be made. However, it does mean that a lender has
reviewed your financial history and based solely on that history,
believes that you are qualified for the loan.
Thus, whether or not the realtor is your agent, I strongly
suggest that you keep silent on your mortgage availability.
You should also not divulge to anyone (other than your family
or your lawyer) what your top price will be.
In answer to your question, as this column has suggested
on many occasions, everything in real estate is negotiable.
Don't be afraid of making a low offer. The real estate agent
is obligated to transmit your offer -- regardless of amount
-- to the seller.
The seller has three choices:
- Your offer can be accepted, in which case you have a contract;
- Your offer can be rejected in its entirety. In this case,
you can either make a new -- higher -- offer or walk away
from this house; or
- Your offer can be counter-offered. This means that the
seller is rejecting your proposal, but is putting a new
offer on the table. Keep in mind that if you receive a counter-offer,
you then have the same three alternatives just described.
Let's look at the following example: the seller is asking $300,000
for the house. You prepare a written offer in the amount of $245,500.
The real estate agent
submits it to the seller, who in turn counters for $290,000. The
ball then goes back to your court.
How much do you really want to pay for your new
home? Is this property really worth $290,000? Should
you try to make another -- lower -- offer or should you accept the
seller's proposal? These are questions that only you can answer
-- even if you can afford the higher price.
However, by reducing the price, the seller has sent you a
signal. The price is negotiable. If this is the house you
really must have, and clearly if you can afford it, you may
want to accept the counteroffer. But, as you know, there are
many other houses out there, and if you are prepared to continue
shopping around if you lose this house, I recommend that you
make yet another counter-offer -- this time in the amount
of $255,000.
The negotiations will continue until someone takes a hard-line
position and "draws a line in the sand." One of
you will ultimately say "this is my final offer; take
it or leave it."
It should also be noted that price is but one of the many
items of negotiation in a real estate transaction. Often,
a seller may be more interested in the timing of the settlement
than in the price. For example, does the seller have to sell
immediately and are you prepared to settle quickly. I have
negotiated many a deal whereby purchasers received a very
favorable sales price because they were prepared to go to
settlement just 10 or 15 days after the contract was signed.
On the other hand, some sellers may want to stay in the house
for several more months. Are you prepared to wait? Are you
prepared to purchase the house now -- so as to preserve a
favorable mortgage interest rate and begin to get the tax
benefits of homeownership -- but allow the seller to stay
in your new house on a "post occupancy agreement"
arrangement? In effect, you purchase the house and the sellers
pay you rent until they move out. The rent should be equivalent
to the monthly mortgage payments you make (principal, interest,
taxes and insurance -- also known as PITI).
Another important factor to consider is whether the seller
is willing to take back financing -- either for the full amount
of the purchase price or a small second trust. This is an
issue which should be explored with the seller before you
make an offer; once a sales contract is entered into, it may
be too late to try to renegotiate that contract. You also
have to get your lender’s approval if the seller is
prepared to take back financing.
In the final analysis, once you have decided to purchase
your new home -- and have zeroed in on the neighborhood you
want -- don't be pressured into buying a home. Shop around,
check prices, and negotiate everything.
Realtors -- whether they be buyer’s brokers or seller’s
agents -- will tell you that this is a hot market, and that
if you do not put in a contract for the full price, you will
lose the house. That may be true. But if you can only afford
a lesser-priced house, nothing ventured, nothing gained. The
worst case is that your offer will be flatly rejected.
The Realty Times
Published: July 28, 2003
www.RealtyTimes.com
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