When selling your home in Massachusetts, sharing the correct information with your Realtor is critical. However, some things are best kept private. Revealing too much can work against you, costing you money or leverage.
Before signing a listing contract with an agent, you should avoid revealing certain things.
I will provide you with advice article that will put you in the best position to maximize your contract terms:
- Why not disclose your bottom line price to your Realtor?
- What legal details are required, and what non-mandatory information to avoid oversharing?
- Why you shouldn’t reveal your stance on dual agency upfront.
When selling your house, it’s natural to assume that being open with your Realtor is always the best approach. However, revealing too much information can harm your negotiating position, lead to a lower sale price, or even cause your home to linger on the market longer than necessary.
My guide will explore what not to disclose to your Realtor to maintain an edge in selling. Of course, if you pick an exceptional Realtor you can trust, you shouldn’t worry. However, it also highlights the importance of carefully interviewing agents.
Keep reading to protect your interests and maximize your home’s sale price.
1. Don’t Reveal Your Bottom Line Price
Sharing your lowest acceptable price with your Realtor seems like a strategic move to avoid endless back-and-forth negotiations, but it can backfire.
Here’s why:
Understanding Your Realtor’s Motivation: Real estate agents are motivated by commission, typically earning a percentage of the sale price. However, they are also incentivized to close deals quickly so they can move on to the next client.
If your agent knows your bottom line, they might push you to accept an offer at or slightly above that amount, even if you could have negotiated a higher price.
Impact on Negotiations: Once your bottom line is known, it becomes a psychological floor. Instead of negotiating upwards from the buyer’s initial offer, your agent might feel compelled to close the deal closer to this lower boundary, prioritizing a faster sale over a potentially more lucrative one.
How to Handle It: Instead of providing a specific figure, offer a range that leaves room for negotiation or emphasize that you are looking for the best offer based on the market’s response.
Encourage your agent to aim for the highest price possible and let the market dictate your property’s worth. Keep your final walk-away price private until necessary.
An outstanding agent will always have your best interests at heart. Unfortunately, in every industry, there are a few bad apples. You’ll never know what goes on behind the scenes.
2. Disclose Only What’s Required by Law
In many states, sellers are legally required to disclose specific issues, such as structural defects, previous pest infestations, or the presence of hazardous materials like asbestos. However, that is NOT the case in Massachusetts.
Massachusetts is a caveat emptor state or “let the buyer beware.” You should not disclose anything to your real estate agent that they would have to pass along to a potential buyer. Real Estate agents are held to a much higher standard than homeowners.
An agent must pass on information that could influence a buyer’s decision to purchase. For example, if an agent sees that your basement takes on water, they cannot hide this information from a buyer.
Even though disclosure of problems is not mandatory in Massachusetts, a seller should always be honest when asked a direct question. Failing to answer honestly can lead to being sued and losing.
Beyond these mandated disclosures, oversharing can do more harm than good.
Avoid Oversharing Non-Mandatory Information: While honesty is essential, avoid volunteering information that is not required by law.
For example:
- Neighborhood Issues: Complaints about noisy neighbors, deaths in your home, crime rates, or potential future construction are not mandatory disclosures. Revealing these items might dissuade buyers.
- Personal Circumstances: Don’t share that you must sell quickly due to a job relocation or divorce. This can suggest desperation and encourage lowball offers.
- Minor Cosmetic Issues: Pointing out slight imperfections, like a scuffed wall or an aging appliance, might shift focus from the home’s positive aspects.
How to Handle It: Follow the required disclosures and let your agent sell the house’s strengths. If a buyer’s home inspection uncovers an issue, address it then, but don’t volunteer every minor detail upfront.
The only time you should disclose an issue is when you have no intention of fixing the problem. Putting this information into the seller’s disclosure form will make it harder for a buyer to ask for a remedy after the inspection.
3. Avoid Discussing Concessions Too Early
Seller concessions are a standard part of real estate transactions, but revealing what you’re willing to offer too early can hurt your position.
Understanding Concessions: Concessions might include agreeing to pay for closing costs, leaving behind certain appliances or furniture, or offering a repair credit to the buyer. These can help smooth the transaction, especially in a buyer’s market, but they should be used strategically.
Why Timing Matters: If you state upfront that you’re willing to cover certain expenses, buyers may expect these concessions as a given. This reduces your leverage during negotiations because buyers will start with a baseline assumption of what they’re getting.
Instead, allow negotiations to dictate the need for concessions. Only offer them if it becomes clear that doing so is necessary to keep the deal moving forward.
How to Handle It: Prepare a list of potential concessions you might want to make, but keep it private. Use these concessions as bargaining chips to extract value from the negotiation, such as a higher sale price or a quicker closing.
4. Keep Your Position on Dual Agency Private
One of the best ways to know whether a real estate agent will care more about your best interests or their own is by knowing if they practice dual agency.
Dual agency creates conflicts of interest, and prematurely revealing your stance on it can impact a realtor’s behavior and beliefs.
What Is Dual Agency? Dual agency occurs when one agent represents the buyer and the seller in a transaction. While this can simplify communication, it also creates a potential conflict. The agent is incentivized to close the deal quickly. They can secure both sides of the commission rather than necessarily achieving your best price.
When you accept dual agency, your real estate agent becomes a neutral party. They no longer represent your best interests. This means they can no longer advise you as they would if they were a seller’s agent. Giving you advice would conflict with the buyer’s wishes.
Dual agency is bad for sellers in every respect. A good agent will not practice dual agency and explain why a seller would not want to accept it.
How to Handle It: Stay neutral about your position on dual agency and let your agent demonstrate where their priorities lie. Please pay attention to how they handle the potential for dual representation. This gives you valuable insights into their true motivations.
I would never allow dual agency nor hire an agent who practices it. There are zero benefits to a seller. The only person it benefits is the agent.
5. Avoid Revealing Anything You Wouldn’t Want a Buyer to Know
Your Realtor is your representative, but they also interact directly with buyers and other agents. Anything you share with them could inadvertently be passed along to the other side, even unintentionally.
Why It Matters: Realtors aim to present your property in the best possible light. Revealing personal motivations, time constraints, or financial details can affect how they market your home and negotiate offers.
For example:
- The urgency to Sell: Mentioning that you have already bought another home or must move quickly suggests urgency. It could prompt buyers to offer less.
- Financial Strain: Disclosing financial difficulties may lead buyers to believe you are desperate, encouraging them to submit lower bids.
- Past Deal Failures: Talking about previous deals that fell through could make your property seem problematic or more challenging to sell.
How to Handle It: Always keep conversations with your Realtor focused on the property’s strengths and marketability rather than your situation. Share only the details to help them sell the home for the best possible price.
Expert Realtor Advice
Paul Sian, a Realtor with United Real Estate Home Connections, shares helpful tips.
Most states have laws requiring potential buyers to disclose the condition of a home, so they purchase a home knowing about the problems and offering accordingly.
Failure to disclose important condition information to a buyer has resulted in many lawsuits, in which the seller has had to pay the buyer damages and even forced the seller to buy back the home.
Even if the condition is not disclosed to the listing agent and the agent learns of it, the agent is under legal and ethical obligations to inform all buyers about the condition.
Sellers can avoid many headaches by being upfront with buyers and pricing a home accordingly.
Conclusion
Selling your Massachusetts home is as much about strategy as it is about presentation. By keeping key details private, like your bottom line price, the concessions you’re willing to make, and your stance on dual agency, you maintain control over the negotiation process and protect your interests.
Stick to legally required disclosures and avoid oversharing to keep buyers interested and offers competitive. As a first-time home seller, you should follow sound advice.
Now that you know what to avoid disclosing, consider deepening your knowledge of real estate negotiation tactics to enhance your selling strategy further. Understanding buyer psychology and effective counteroffer techniques could give you an even greater edge in your home sale journey.
If you are in the Metrowest, Massachusetts, area and are considering selling, please get in touch with me for an interview.
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