Are you ready to master the art of real estate negotiations and secure the best deals on your dream home? In this video, we explore the essential negotiation skills needed for successful real estate transactions, inspired by Chris Voss’s book “Never Split the Difference.” Topics include:
🧠 The Psychology Behind Negotiation
🪞 Mirroring
🏷️ Labeling
⛔️ Avoiding Premature “Yes”
🤝 Creating the Illusion of Control
🪄 Bending Reality
🦢 Finding Black Swans
🏡 Practical Applications for Buyers and Sellers
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Eric Andersen, B.A., M.Div.
Owner/Designated Managing Broker, Andersen Realty Group
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Transcript:
One of the most important skills you need when buying or selling a home is the ability to negotiate. Ever wondered how FBI negotiators handle high-stakes situations? Imagine using those same techniques to get the best deal on your dream home. I’m Eric with Andersen Realty Group, and today, we’re diving into some negotiation techniques from Chris Voss, a former FBI hostage negotiator, and his book, ‘Never Split the Difference: Negotiating as if Your Life Depended on It.’ Understanding the psychology behind negotiation is crucial. Voss’s insights are valuable not only for discussing offers with your agent but also in everyday situations. We negotiate in almost every interaction we have, every day of our lives.
Never Split the Difference
Chris Voss is a former FBI hostage negotiator who has spent years developing negotiation tactics in high-stakes situations. In his book, ‘Never Split the Difference,’ Voss translates what he’s learned into strategies that anyone can use. Today, we’re applying his principles specifically to real estate negotiations. So if you’re ready to master the art of real estate negotiations, let’s get started.
New Rules
The first thing Voss does is talk about what he calls ‘the new rules’ of negotiation. Traditional negotiation usually involves compromise, but Voss argues that compromise doesn’t always lead to the best outcomes. When you’re dealing with hostages, you either get the release or you don’t. Getting back half of the people isn’t good. Getting back 100% of the hostages after they’ve been killed would be a catastrophic failure. You also don’t want to get back maimed hostages. When it comes to getting back healthy, alive hostages who are fully in-tact, there can be no compromise. In real estate, this could mean settling for a price that isn’t in your best interest, or agreeing to unacceptable terms. If you need to move by July, agreeing to a closing date in November won’t work. In his book, Voss begins with some psychological principles we can use to guide negotiations to our advantage.
Be a Mirror
One of Voss’s foundational techniques is mirroring. This involves repeating the last few words your counterpart has said. It’s simple, but powerful. If you’re a buyer and the seller says, ‘We need to sell quickly,’ you might respond, ‘Sell quickly?’ This invites further conversation and helps build rapport, allowing the seller to explain the urgency behind their move. By building a foundation of trust and mutual understanding, you can get more information which can lead to an open dialogue and better terms.
Don’t Feel Their Pain
Like mirroring, the practice of labeling helps build trust between the parties. The goal here is to identify and label the important emotional dynamics at work in a negotiation. So if you’re a seller and a buyer seems anxious about the price, you might say, ‘It seems like you’re worried about going over budget.’ By doing this, you’re validating their feelings without necessarily agreeing with them. I think a lot of people resist labeling, because they’re worried if they verbalize what they’re hearing from the other person, they’re agreeing with them. But that’s not the case. This is about seeking mutual understanding. You don’t have to agree with someone to acknowledge their feelings. That’s a great piece of advice for any relationship. The goal is to build trust, which encourages further dialogue and the sharing of important information. It’s hard to negotiate when you don’t know what matters to the other side. You can think about mirroring and labeling as preliminary to negotiations, a kind of detective-work stage. It’s important not to skip this step, as it’s hard to build a case without the facts. An effective negotiation is based on mutual understanding. By giving a label to what you’re hearing from the other side, you’re building a great foundation for subsequent negotiations.
Beware “Yes” and Master “No”
This is one of my favorite of Voss’ principles. It’s probably the most counterintuitive and least practiced of his strategies. I do like the labeling technique and use that often, too, as it’s critical to relationships and a defining characteristic of people with a high level of emotional intelligence. Most negotiators go for the ‘yes’ far too quickly. But that’s the endgame; you don’t start there. Voss says you should beware of the ‘yes’ and first go for ‘no.’ Yeses can be superficial and might not indicate real commitment, so even if you get it, it might be meaningless. Encouraging the other side to say ‘no’ can provide clarity and control. Relationship experts say the relationship really doesn’t begin until you have the first fight. Get the nos out of the way upfront so you can get to the yeses. So let’s say you ask a seller, ‘Would it be unreasonable to consider lowering the price?’ that might provoke a thoughtful ‘no’ and lead to a more meaningful dialogue about pricing or even broader goals. Going for the yes right away is a sign of an immature negotiator. Time is a key ingredient in negotiation, and patience will often give you an advantage. And don’t resist giving the other side the feeling of control that a ‘no’ provides. That back-and-forth is a critical element of successful negotiation. Bulldog negotiators who feel like they have to win every battle aren’t effective. Your goal is to win the war. Giving the other side the opportunity to reject your suggestions can help set the stage for future, more meaningful yeses.
Magic Words
Another key strategy Voss discusses is getting the other party to say, ‘That’s right.’ These are the two magic words that will transform any negotiation. It signals agreement and understanding. In order to get there, you need the ability to summarize your counterpart’s perspective accurately, which begins with listening. If a buyer’s concerned about neighborhood amenities, you might say, ‘It sounds like you’re looking for a home with good schools and parks for your kids.’ When they respond with ‘That’s right,’ you’ve in sync and can have a productive conversation about what that looks like and how to balance that with other priorities, like price and location.
Bend Reality
Bending reality involves framing your offers in a way that makes them more appealing. This is especially useful in real estate, where perception can have a big impact on decisions. For example, instead of lowering the price, a seller might offer to cover closing costs or include certain furnishings. This changes the buyer’s perception of the deal’s value without reducing overall profit. For sellers, carefully preparing your home for market and using print and digital materials to make a great first impression can set expectations about what your home is worth. And don’t overlook the importance of words. Having a compelling, vivid, and memorable marketing description can set your home apart and get it the attention it deserves.
Illusion of Control
Creating the illusion of control is all about making the other party feel in charge while subtly guiding the negotiation, which harkens back to our discussion about going for the no. You can build on this foundation through what Voss calls calibrated questions, or open-ended questions that steer the conversation. If you’re a buyer, you might ask a seller, ‘How can we make this offer work for both of us?’ This invites them to propose solutions, which you can then shape to fit your objectives. This all sounds very new, but at its heart, this is ancient wisdom which derives from the Socratic method.
Guarantee Execution
Ensuring the other party follows through on their commitments is critical. Voss suggests using specific, actionable terms and setting clear deadlines. In real estate, this means specifying dates for inspections, appraisals, and closing in the contract to avoid any ambiguities. This might seem obvious, but you’d be surprised how much mischief can happen here, especially post-contract if deadlines get missed. Illinois real estate law requires that everything be put in writing, but you’d be surprised how often buyers and sellers rely on verbal agreements. If all you have is someone’s word, you have no legal recourse if it’s not in the contract. One of the most common places I see this is on page one of the contract, which specifies which fixtures and personal property are included with the sale. It doesn’t matter that most sellers include the refrigerator. It doesn’t even matter if they told you they would. If that item isn’t checked off on page one, the you have no claim on it.
Bargain Hard
Voss emphasizes the importance of bargaining hard without being aggressive. This involves knowing your value and being willing to walk away if needed. Any time you’re in a negotiation, you should always be checking in with yourself and asking what you best alternative to a negotiated agreement is. Sometimes it’s better to walk away. The ability to get up from the table is the best leverage a buyer or seller has. You’d be surprised how often the other side comes back, particularly when you really do walk away and do nothing more than sit back and wait. They may not come back to you, but sometimes they do. In real estate, understanding market conditions and having a clear idea of your maximum and minimum acceptable terms will strengthen your negotiating position.
Black Swan
Another important principle Voss shares is the importance of finding the black swan, or those hidden pieces of information that can change the dynamics of the negotiation. This could mean uncovering the seller’s true motivations, such as a need for a quick sale due to relocation. Identifying black swans isn’t always easy and may require some creativity, but they’re game changers and allow you to tailor your approach for the best outcome. The more you get the other side talking, the better chance you’ll have at finding these. I love it when agents call me and talk my ear off. I just sit back and listen. I’ve never read them the Miranda Rights, but I can and will use everything they say against them. Loose lips sink ships, and chatty agents regularly give away all kinds of valuable information that I’ve been able to use to my clients’ benefit. This may be the most important reason why it’s a terrible idea for the seller or seller’s agent to be present for showings. Unless you plan to stand there like a statue, which is rude, you’re almost certainly going to give away important information. Let there be a little mystery. Your absence will help foster that. Plus, every stager will tell you the first rule of staging is depersonalization. The idea is you want the buyer to feel comfortable when they come to see your home. There’s nothing more personal or off-putting for a buyer than for a pushy seller or agent to be at their showing. I have personally shown what would have been the perfect home to buyers only for them to leave with a terrible impression that was created by a seller or their pushy representative. You want buyers to feel comfortable and at home in your house. Give them that opportunity by not showing up.
Putting It All Together
Now for the fun part. Let’s put everything together and see how these principles work when buying or selling a home.
Buying a Home
Imagine you’re buying a home and the seller’s firm on price. Start with mirroring and labeling to build rapport. ‘You need to get this price because of the renovations you’ve done?’ This opens the door for them to explain their reasoning. Use calibrated questions to explore flexibility: ‘What would make you consider a slightly lower offer?’ Bend their reality by offering certain conveniences to the seller that make moving less stressful, for example, a flexible closing timeline or post-closing possession. Or, offer a higher earnest money amount to demonstrate how serious you are. These terms don’t increase what you’re paying for them home, but they make your offer more valuable and can give you a competitive advantage over other buyers. I once had a seller agree to my buyer’s offer because we were on top of everything. They had a fully underwritten preapproval with a great lender, and we promised to have the inspection the day after they accepted our offer. Our promptness and diligence sent a strong, positive signal to the seller, and they went with our offer over some others for that reason. And best of all, those terms didn’t cost my buyers any money.
Selling a Home
Most sellers want to maximize price and can use tactical empathy to understand the buyer’s perspective: ‘It seems like you’re concerned about budget due to high interest rates and limited inventory.’ Get them to say ‘That’s right’ by summarizing their concerns accurately, and let them elaborate. Create the illusion of control by asking, ‘What would make this home more attractive to you?’ Again, look for terms that might make the home more valuable to the buyer that don’t affect your bottom line. I once had a seller who desperately wanted to get rid of his piano but had zero interest in moving it himself. When we found a buyer who was eager to have it, my seller was delighted. It was a win-win. The buyer got something they wanted, and seller framed it as a concession when frankly, the buyer was doing him a favor by letting him leave it.
Conclusion
Chris Voss’s ‘Never Split the Difference’ offers invaluable insights for becoming a better negotiator, both in real estate and in real life. By understanding and applying his principles, you can negotiate complex situations with the best outcomes possible. As he says, it’s not about splitting the difference; it’s about negotiating as if your life depended on it. If you want an expert negotiator by your side for your next home purchase or sale in the western suburbs of Chicago, reach out to me anytime. Don’t forget to like this video, subscribe to my channel, and turn on notifications for more tips. Have any questions or any great negotiation stories of your own? Share them in the comments. Until next time, happy negotiating! I’m Eric with Andersen Realty Group, a family-owned brokerage where we treat our clients like family.