Being able to walk away may be one of the best negotiating approaches.
My best example was when I was selling a plot of vacant land. I negotiated that the buyer had to give me an a $5,000 nonrefundable fee before filing to change the zoning to commercial. I knew if they backed out of the sale after rezoning, my real estate taxes would go up significantly and the fee would cover the increase. When they requested my signature to authorize rezoning, I asked for the $5,000 nonrefundable payment in the contract. They objected saying they couldn't risk $5,000 if the rezoning was denied and threatened to back out of the deal, which was legal. I told them, "You guys are smarter than me in real estate. If you think it is a big risk, I won't disagree with you and I'm not taking on your risk." The next day, they called and verbally told me they were ending the contract.
I didn't panic. I calmly told my attorney the buyers were planning to terminate the deal and assumed they would send the official letter. I thought about alternate buyers who had expressed some interest. I knew I wouldn't be released from selling until I received written termination and waited. Overall, I stopped thinking about selling the property to the current buyer and started working on our landscaping. Then, my daughter yelled out to the yard that I had a call from the buyer's broker.
Although I didn't particularly want to talk to him, I went to the phone. He said, "The buyer wants to continue with the deal and needs your signature today." I said, "Per the contract, I will FedEx my authorization to the escrow lawyer who is in charge of ensuring the non refundable money is paid before transferring the document to the buyer." The broker said, "But we need it this afternoon." I said, "I'll send the authorization to the escrow attorney, per the contract."
Again, the buyer was trying to put pressure on me, and I was willing to stay with the contract, even if I lost the the sale. Soon we reached a compromise, based on advice from my attorney. The buyer would wire me the money immediately, and I would fax them the authorization when received. Although the timing was tight, we were able to complete the transaction in time for the buyer to receive the documentation needed.
Disclosure: Details, that would allow the buyer and seller to be identified, have been left out or changed to keep them anonymous.
This is not financial nor negotiating advice. Please consult a professional advisor.
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