Home Stock The hot housing market means that buyers are offering offers with risk...

The hot housing market means that buyers are offering offers with risk waivers. Things to know before trying this strategy


The home buying experience of Alissa Resnick and Brett Benhazl sounds familiar to many Americans when negotiating the housing market today.

The couple began seriously looking for a property to buy in Austin, Texas, following the November presidential election. After their first two bids failed, they were ready to slump. with all his might, Resnick said.

“We see house prices go up even in the few months we’re looking for, and we’re worried about being overpriced if we don’t quickly buy something,” says Resnick, 30. “.

They quickly realized that, at a minimum, they needed to include an appraisal waiver in any proposal they made. The real estate market in Austin is still more competitive than ever. Buyers from more expensive markets including California and New York are arriving, ready to offer purely cash offers. The same goes for investors looking to convert real estate into rentals or convert them to make a profit.


‘We were worried about being outpriced if we didn’t get something quickly.’


– Alissa Resnick

Resnick, who works as a senior product manager in the tech industry, says a reasonably priced home can get 20 or more incentives. Their real estate agents explain to them that in order to compete, the couple should consider giving up due diligence.

The pair understands the reason behind buyers abandoning the appraisal case – after all, sellers will not want to deal with buyers who can withdraw if the appraisal is low, especially when the high bid is possible. price exceeds the asking price. But that doesn’t mean the decision was taken without fear, when their third offer was accepted.

“Because it’s very busy here, you can’t get your appraisal back right before closing,” says Resnick. “At that time, you had invested quite a bit in assets, both money and sentiment.”

While Austin may have one of the most competitive real estate markets in the country, homebuyers across the US are facing similarly tough decisions. With so many buyers in the market – and too few homes to go around – families often face the pressure to give up certain contingency cases to make their bids stand out.

“In today’s market, almost every offer offers at least one standard provision,” said Chris Speicher, chief executive officer of Coldwell Banker Island Properties in Kapalua, Hawaii.

But these waivers involve risky trade-offs that can cost buyers thousands of dollars or more and leave them without critical protections if the elements of a deal fail.

Alissa Resnick, 30 and her husband, Brett Benhazl, posed in Berlin, Germany. The couple recently bought a home in Austin, Texas and chose to forgo due diligence because of the city’s competitive market.

Courtesy of Alissa Resnick

Buyers will do their best to stand out

Almost two-thirds of home purchases from Redfin
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Agents (64%) faced competition in March, according to a recent report from real estate brokers. With this level of competition, buyers employ a variety of strategies to stand out.

Of course, not all methods deliver the same success rate. The most effective strategy, according to Redfin’s analysis of thousands of proposals made between July 2020 and February 2021, is to use all cash. Daryl Fairweather, chief economist at Redfin, said: “Those who buy all-cash suppliers almost quadruple their chances of winning the bidding war.

Another study backed up Redfin’s data. A recent survey of more than 300 Zillow
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Agents Premier found that 41% of agents said offering all-cash offers was the most effective strategy their customers used to achieve a home purchase.


‘Those who buy all-cash suppliers almost quadruple their chances of winning the bidding war.’


Daryl Fairweather, chief economist at Redfin

Of course, purely cash offers are not the most common. “The financial provision is least likely to be waived because most buyers need collateral to buy,” Fairweather said. Some mortgage buyers may also choose to forgo this provision, but that comes with the risk of not accepting the loan by the lender.

Increasingly, successful proposals have a number of types of redundant exemptions. Samer Kuraishi, a Senior Agent at Zillow, and president and founder of The ONE Street Company, a real estate company in Washington, DC, said: “About 80% of shoppers offer that we wrote this year with no redundancy.

Between September 2020 and February 2021, nearly 18% of successful proposals gave up the due diligence fallback period, up from about 6% the previous year, according to Redfin. An appraisal contingency allows the buyer to waive the contract if the assessed value of the home is below the bid without losing their earnest deposit.

Similarly, Redfin reports that more than 13% of successful offers have free home inspection redundancy, up from about 7% in the previous year. This unusual circumstances allow the buyer to withdraw their offer or negotiate with the seller if the home inspection report finds serious problems. “In the most competitive markets, the odds of winning these provisions waiver offers are even higher,” said Fairweather.

Exempt provisions come with serious risks

Some provisions have virtually evaporated in competitive markets, including home sales, said Bill Gassett, a real estate agent with RE / MAX Executive Realty in Hopkinton, Mass.

The home sale provision is a good example of giving up that can bring less risk. Holden Lewis, mortgage and home specialist at personal finance website NerdWallet said: “It gives buyers the opportunity to withdraw from the purchase if they are unable to sell their current home for a while. certain time. “In today’s seller’s market, this is the least risky case to give up. Most sellers can find buyers quickly. ”

But abandoning other protections is a big gamble that could cost homebuyers the price, if they aren’t prepared. Waiver of due diligence: This is popular with sellers because of how many homes are facing a bidding war.

“Homes are sold immediately for significantly more than required – in some cases 10% to 15% higher,” Gassett said. The higher the bid, the higher the asking price for the home, the larger an appraisal can become a question mark.

If the appraisal fails, the buyer has several options. They may request a second evaluation, especially if they believe there was a mistake in the first procedure. They may also try to negotiate with the seller about the price of the home – although in today’s seller’s market that can be a chore.

Otherwise, the homebuyer in this situation will endure some financial hardship. They may pay the difference between the assessed value and the bid by themselves. In many cases, that money will come from the buyer’s prepayment. Making a smaller upfront payment can lead to higher interest rates and the need to pay for mortgage insurance, which can reach thousands of dollars.


If homebuyers give up their due diligence and underestimation, they may be forced to down payment to make up for the difference.

In the worst case scenario – if the buyer cannot afford to make a difference – the buyer may be forced to forsake the trade. “Be prepared to get out of the deal and lose your deposit,” said Charles B. Sachs, chief investment officer at Kaufman Rossin Wealth in Miami.

According to real estate experts, some contingency cases are not worth giving up in all situations. Case in point: The redundancy of the title.

“You can’t give up a clear title search in your area – in some parts of the country it’s not even legal,” said Rachel Stults, associate editor at Realtor.com, Written. “But if you found out you could, don’t.”

A search for ownership reveals who actually owns the house and whether anyone has a lien. These will become your responsibility if you buy a home without guaranteeing that it has been pre-treated.

How buyers can soften the deal – without the added risk

Giving up one or more backups is not the only way a buyer can get the seller to accept their offer over others in a competitive situation.

For example, the current owner of the home may be stressed by the delays they face buying their own home. Giving them a flexible deadline or allowing them to temporarily sublease properties after closing can be tempting, Fairweather suggests. “We have also seen some buyers offering to pay part of the seller’s tax and payment costs or release their deposit early,” she added.

If homebuyers anticipate that they will need free of charge back-up for home inspections, they can conduct a home inspection before submitting an offer. They will eat that price if the offer is not accepted, but it will give them peace of mind if possible. Another option, rather than giving up the check, would be to provide a shorter amount of time for it to happen to speed up the buying process, Sachs said. “Just make sure you have a reputable inspector who can work within this shortened time frame,” he said.

Finally, buyers should heed their real estate agent’s advice and make no assumptions about what they should or shouldn’t give up. Resnick’s agent suggested she and her husband work with a local lender instead of a larger national firm, for a better rating. The local firm uses appraisers very familiar with the Austin market, she said, increasing the odds that the value will match the price offered by the pair.

“In the end, we were lucky, and our due diligence came to the fore,” says Resnick. “But it’s definitely stressful.”

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