The Negotiation Gap in Real Estate: What Most Agents Won’t Tell You

how to negotiate in real estate

Let’s talk about something that doesn’t get nearly enough attention in real estate: negotiation.

We love to discuss pricing, interest rates, home staging, and “hot” markets—but rarely do buyers or sellers talk about the part of the deal that can make or break their success: real estate negotiation strategy.

And the truth is, many real estate agents aren’t trained—or comfortable—negotiating. They skip over the details, focus solely on price, and ultimately leave money and opportunity on the table. As someone who negotiates every day, I can tell you firsthand: negotiation isn’t about drama—it’s about nuance, timing, and asking the right questions.

Real Negotiation Is Behind the Scenes

You won’t see this on Selling Sunset. It’s not glamorous. It’s phone calls, back-and-forth emails and texts, quick pivots, and strategic decisions. But it’s also where your agent proves their worth.

When I work with home buyers, I don’t just send over an offer. I call the listing agent and ask:

  • What’s motivating your seller?
  • Do they need to close fast or want to stay post-close?
  • Have you had other offers? Are you expecting more?

That intel helps my buyers craft a strategic offer that speaks directly to the seller’s needs. For example, one buyer client of mine won in a multiple-offer situation—not by offering the highest price, but by giving the seller a two-week rent-back period that made their move easier. No added cost to us. Just smart negotiation.

When I work with home sellers, I’m doing the same—but in reverse. I’m calling the buyer’s agent, asking:

  • Is this their client’s top choice?
  • Have they been writing on other properties and losing?
  • Who’s the lender? How confident are they in this pre-approval?

Sometimes, a buyer submits an offer with an escalation clause. Many listing agents just accept it at face value. I dig deeper, counter strategically, and protect my seller’s net. One of my sellers gained an extra $12,000—not because the offer price was changed, but because the terms were tightened and the gaps were closed.

Here’s What Most Buyers and Sellers Don’t Know

When you’re interviewing a real estate agent, one of the most important questions you should ask is:

“What exactly do you negotiate, and can you show me examples of how you’ve saved your clients time and money?”

Because sales price is only one piece of the puzzle. Here’s what you’re really hiring a skilled negotiator to manage:

28 Real Estate Negotiation Points That Matter

These are the details that can make or break your deal—whether you’re buying or selling a home. A great agent evaluates every one of these.

  1. Sales Price – Obvious, but just one of many factors.
  2. Inclusions and Exclusions – What items stay or go (appliances, fixtures, etc.).
  3. Earnest Money Amount – How serious is the buyer?
  4. Earnest Money Release & Refund Terms – When and how it becomes non-refundable.
  5. Buyer Financing Structure & Strength – Loan type and financial health.
  6. Lender Choice and Reputation – Impacts closing reliability and speed.
  7. Appraisal Terms & Gap Coverage – Can the buyer cover a low appraisal?
  8. Financing & Appraisal Contingency Timelines – The shorter, the better for sellers.
  9. Inspection Contingency & Repair Terms – Limits, waivers, or credits.
  10. Settlement / Closing Date – Does it align with your needs?
  11. Occupancy Agreements – Post-settlement occupancy or leasebacks.
  12. Home Sale Contingency – Does the buyer need to sell first?
  13. Title Company and Costs – Who chooses and who pays?
  14. HOA and Transfer Fees – Status letters, move-in/out fees, etc.
  15. Closing Cost Contributions – Is the seller being asked to cover costs?
  16. Home Warranty Requests – Added costs or peace-of-mind perks?
  17. Buyer Agent Commission – Now a negotiable element in many markets.
  18. Repair Credits or Escrow Holdbacks – Money set aside for known issues.
  19. Escalation Clauses – Should they be accepted? Countered?
  20. Backup Offer Terms – Leverage and security if a deal falls through.
  21. Contingency Waivers – Risk vs. reward on waived terms.
  22. Offer Cleanliness – Well-written, professional offers signal serious buyers.
  23. Buyer Motivation – Why are they buying, and how badly do they want this home?
  24. Agent Professionalism – Some agents are easier (and smarter) to work with than others.
  25. Communication & Responsiveness – How fast and clearly are updates happening?
  26. Seller Net Proceeds – What actually goes into your pocket at the end.
  27. Emotional or Intangible Terms – Quick close? Family moving in? Some things just matter more.
  28. Overall Buyer Timelines – Are they moving fast or dragging out deadlines?

The Bottom Line

Whether you’re buying your first home, selling a long-time property, or navigating a complex market, negotiation is where the real work happens. And who you hire makes all the difference.

Ask better questions when you interview an agent. Don’t just ask how many homes they’ve sold. Ask:

“What do you negotiate for your clients, and how have you helped them win better terms?”

Because the truth is, the best agents don’t just sell homes—they protect outcomes, maximize leverage, and save their clients money and stress every step of the way.

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