{"id":234,"date":"2010-06-29T18:07:59","date_gmt":"2010-06-29T18:07:59","guid":{"rendered":"http:\/\/blog.topbev.com\/?p=234"},"modified":"2010-06-29T18:07:59","modified_gmt":"2010-06-29T18:07:59","slug":"if-you-cant-walk-you-cant-negotiate-never-truer-than-it-is-today","status":"publish","type":"post","link":"https:\/\/blog.topbev.com\/?p=234","title":{"rendered":"If you Can&#8217;t &#8220;Walk&#8221;, You Can&#8217;t Negotiate&#8211;Never Truer Than It is Today"},"content":{"rendered":"<p>These are turbulent times in our industry. More attention than usual has been thrust on real estate because of the generous first-time owners tax credits and other incentives which are being offered to Buyers. A new HUD-1 Settlement procedure goes into effect on January 1, 2010. The thrust of this new procedure is to protect the &#8220;unwary&#8221;. Never in my long career in residential real estate have I seen a group of Buyers with a greater sense of &#8220;entitlement&#8221;. Couple that attitude with a general decline in home prices, and you can have a problem on your hands if you are selling property.<\/p>\n<p>I am finding more and more that the only answer to this situation for my Sellers is to &#8220;walk&#8221;. In other words, while my client wants to make the deal, he or she needs to show that there are limits to what is reasonable. The only way to articulate this position is to say &#8221; I have had enough&#8221;: &#8221; I am putting the property back on the market.&#8221;<\/p>\n<p>A recent example. A client of mine thought she had a deal to sell a beautiful piece of raw land in a scenic spot in southeastern Massachusetts. The price was agreed upon, and it looked like the deal was done. The Buyer was planning on putting a second home on the property. The attorney for the Buyer drafted a Purchase and Sale Agreement which was better suited to a multi-unit development than the purchase of a single lot piece of property. I told my client to &#8220;walk&#8221;. Turn the deal around. Tell the Buyer that this is not a game for his lawyer to show how accomplished he was at drafting. The strategy worked. The other lawyer was cut down a peg or two. We brought the deal back to reality.<\/p>\n<p>It is not easy to tell your client that the best strategy is to walk away. Some Sellers are close to desperate. I truly believe that it is at these times that we, as real estate professionals, earn our stripes. You will be surprised at how quickly the tables turn when the Buyer finds out that his or her dream house is not going to be his or hers.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>These are turbulent times in our industry. More attention than usual has been thrust on real estate because of the generous first-time owners tax credits and other incentives which are being offered to Buyers. A new HUD-1 Settlement procedure goes into effect on January 1, 2010. The thrust of this new procedure is to protect &hellip; <a href=\"https:\/\/blog.topbev.com\/?p=234\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">If you Can&#8217;t &#8220;Walk&#8221;, You Can&#8217;t Negotiate&#8211;Never Truer Than It is Today<\/span> <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"spay_email":"","footnotes":""},"categories":[1],"tags":[166,82],"class_list":["post-234","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-negotiations","tag-real-estate-strategy"],"jetpack_featured_media_url":"","jetpack-related-posts":[{"id":278,"url":"https:\/\/blog.topbev.com\/?p=278","url_meta":{"origin":234,"position":0},"title":"Getting the deal done&#8212;Common Goals almost Always Make People representing both sides &#8220;Comrades in Arms&#8221;","date":"July 2, 2010","format":false,"excerpt":"I was speaking with a fellow Massachusetts attorney yesterday about our practices. He is a partner in a downtown Boston firm; my firm is mid-sized and\u00a0mostly\u00a0suburban, with an office on Newbury Street in Boston, but one office in the Western suburb of Waltham and one office in the Southern suburb\u2026","rel":"","context":"In \"real estate attorney\"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":872,"url":"https:\/\/blog.topbev.com\/?p=872","url_meta":{"origin":234,"position":1},"title":"The Cash Buyer Needs an Attorney","date":"February 3, 2012","format":false,"excerpt":"The cash buyer walking the transaction tight-rope needs the safety net that the experienced real estate attorney provides.","rel":"","context":"In &quot;closing&quot;","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":289,"url":"https:\/\/blog.topbev.com\/?p=289","url_meta":{"origin":234,"position":2},"title":"The Liquidated Damage Provision in the Sales Agreement&#8211;Often misunderstood, more often a trap for the unwary","date":"July 2, 2010","format":false,"excerpt":"One of my pet peeves as a Massachusetts real estate attorney is the printed language in most standard purchase and sale agreements regarding liquidated damages. To paraphrase the legalese contained in the printed form \"if the Buyer defaults, the Seller may keep Buyer's deposit as liquidated damages unless the Seller\u2026","rel":"","context":"In \"deposits\"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":220,"url":"https:\/\/blog.topbev.com\/?p=220","url_meta":{"origin":234,"position":3},"title":"The Yellow Sheet in My Middle Drawer&#8211;You want to be on the &#8220;plus&#8221; side with me (and everyone else you deal with)","date":"June 29, 2010","format":false,"excerpt":"I have been practicing real estate law in Massachusetts for more than 40 years. In that period, I have participated in probably 25,000 or so real estate transactions. Early in the game, I realized that some opposing counsel, realtors, appraisers, mortgage people and other real estate professionals were cooperative, honest\u2026","rel":"","context":"In \"real estate attorney\"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":138,"url":"https:\/\/blog.topbev.com\/?p=138","url_meta":{"origin":234,"position":4},"title":"Massachusetts Real Estate Transactions-A world of their own","date":"June 23, 2010","format":false,"excerpt":"I am frequently asked by out of state realtors and mortgage professionals about deals \"going into escrow\" or the work of the \"title company.\" Very few out of Massachusetts people are aware of the idiosyncrasies of Massachusetts real estate practice, which include the following: \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 1. An Offer and then\u2026","rel":"","context":"Similar post","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":179,"url":"https:\/\/blog.topbev.com\/?p=179","url_meta":{"origin":234,"position":5},"title":"New Condominiums&#8211;More TRAPS for the unwary","date":"June 24, 2010","format":false,"excerpt":"It is starting to happen again. Just like it did in the late 1980's and early 1990's. Condominiums are in financial trouble, I have previously written a Featured Post about delinquent condominium Unit Owners and what Trustees MUST do to collect common area fees from them. A similar, but potentially\u2026","rel":"","context":"In &quot;Condominium&quot;","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/blog.topbev.com\/index.php?rest_route=\/wp\/v2\/posts\/234","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blog.topbev.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.topbev.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.topbev.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.topbev.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=234"}],"version-history":[{"count":3,"href":"https:\/\/blog.topbev.com\/index.php?rest_route=\/wp\/v2\/posts\/234\/revisions"}],"predecessor-version":[{"id":731,"href":"https:\/\/blog.topbev.com\/index.php?rest_route=\/wp\/v2\/posts\/234\/revisions\/731"}],"wp:attachment":[{"href":"https:\/\/blog.topbev.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=234"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.topbev.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=234"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.topbev.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=234"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}