BusinessJuly 16, 2003

Julie Garton-Good

QUESTION: We've been working with the most difficult buyer. Just when it seemed we could finalize contract negotiations, she would stall the process with simple excuses like being unsure about the house or the purchase in general. We would respond by giving up something from our side to get her moving forward again.

The buyer's stall approach makes me feel like we should turn the tables and use it on her at the closing especially since we'll have to rent before our new house is finished. My wife disagrees and just wants the whole thing behind us. What do you think? -- MZ

ANSWER: I agree with your wife. The best approach is to complete the sale and move on. The closing process is no place to stage a vendetta, especially one that could end up doing more damage to you and your wife's position than it does the buyer's.

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Here's why. The stall is a decision not to make a decision. Even though you didn't approve of the buyer's stall tactics, you responded to them exactly the way the buyer wanted you to --- by giving in and giving up something of value. If you throw a stall into the closing process, the buyer may view it as punishment for her previous actions, dig in her heels and do what she does best -- nothing, which means not closing the sale. What you see as retribution could cost you the buyer and the sale.

Second, changing terms and conditions of the sale give the buyer a legitimate legal opportunity to back out. If you amend the closing date or any other part of the original sales agreement, it creates a counter-offer proposal to the buyer, one that she doesn't have to accept. Taken to extreme, once the previously agreed-to closing date comes and goes, the buyer is no longer bound to the purchase. If you're looking for a way to destroy the sale, this could do the trick.

Last, if you wanted to negotiate a vehicle to help bridge your new home completion like a delayed occupancy for the buyer, it should have occurred in the original negotiation and sales agreement. To re-open negotiations at this point could be risky. If you want to test the waters, why don't you mention delayed occupancy to the buyer, but be prepared to drop it if the response is the least bit negative? Should the buyer agree to wait before moving in, make sure you get it in writing, signed and made part of the original agreement.

I know your emotions tell you to get even and turn the tables on the buyer. But in this case, the risk of doing so could be dearer than any feeling of satisfaction you might receive. Chalk it up to experience and make it a lesson you won't repeat in the future.

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