Many years ago, I was selling some vacant land under contract. The buyers wanted to eliminate a fee to rezone that had been agreed to in the contract. The fee was included to protect me, the seller, against an increase in real estate taxes, if the buyer got the property rezoned but decided terminate the contract and not make the purchase.
When it came time to rezone the property, the buyer requested that I waive the fee. Their logic was if the rezoning didn't go through, they would be out the cost of the fee. My logic was if the rezoning went through and they backed out of the deal, I would burdened by a real estate tax as high as 12X my current liability. I could not afford that increase.
After much discussion, I did not waive the fee. I told them, "You guys are much smarter than me me on risk. If you believe that paying the fee is too high a risk, I'm not going to disagree with you. However, I'm not going to take on the risk instead."
The next day, their broker called back and said the buyers were canceling the contract, which they would be able to do for a $100 cancellation fee. Nothing I could do. I called my real estate attorney and told him that buyers were terminating the contract.
I had potential backup buyers if needed. However, 2 days later the buyers called and said they weren't eliminating the contract and needed the rezoning authorization right away. I reminded them that the rezoning request fee had to be paid first and then I would FedEx the document. They balked saying there wasn't enough time. I said I'm sticking the contract.
I called my attorney and he recommended the buyer wire the money first before I emailed the authorization. Their attorney said they wouldn't do that, and yet he called back 1 hour later to agree. I waited for the funds to be deposited via wire. Then I emailed approval.
Walking away worked this time. YMMV.
For more on Reflections and Musings, check back every Saturday for a new segment.This is not financial nor negotiation advice. Please consult a professional advisor.
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