Do real estate professionals really have to know how to negotiate?  The simple answer – absolutely!  When you define negotiation as, “Influencing or persuading others,” then it is easy to see that the real estate professional uses negotiation skills in every real estate transaction.  Negotiation is a life skill, and many real estate professionals simply do not realize how much they actually negotiate every day.  Real estate agents negotiate with their broker, with their clients, with other agents, with third party providers, and on behalf of their clients.

To be successful in business in general, and in real estate specifically, you must continually refine your negotiation skills.  Below is a list of more than 100 different real estate negotiation situations:

Agent with Broker (Owner)
Commission splits
Office space charges
Advertising / co-marketing / lead generation
Office amenities charges (fax, copies, forms, etc.)
Business cards
Lock boxes
Signs and signage installation
“Shoe” deals
Joining brokerage
Retention / staying at brokerage
Assistants Association fees
Answering service
Types of training and cost
Health benefits
Profit sharing
Floor time
Sign calls

Agent with Seller
Listing appointment
Appointment time and location
Where you sit during the appointment
Discussion topics and order
Getting seller to hire you now
Agency election (seller selection of broker duties)
Listing agreement type (Exclusive Right to Sell/Rent, Exclusive Agency, Open Listing, Net listing)
Duration of listing
Exclusive period and not putting in MLS for period of time
Access, lock box, and showing times
Compensation retainer commission/fee including performance bonuses, sales after expiration period
List price
How and where offers presented (in person by buyer/buyer’s agent, written/oral)
Home preparation/staging prior to home going on market
Marketing/advertising plan (sign riders, flyers, newspapers, magazines, internet, etc.)
Open houses
Home warranty offered to buyer?
Acceptance or rejection of buyer’s offer or counter offer
Multiple counter offers

Agent with Buyer
Get buyer to hire agent
Agency election (buyer selection of broker duties)
Buyer-Broker agreement
Period of agreement
Amount of compensation (including commission / bonus and who pays)
Purchase after termination timing
Retainer fee
Home value expectations (features vs. price)
Initial offer to seller (including multiple offer situations)
Accepting or rejecting counter offer from seller
Buyer inspection notice to seller
Lender fees
Loan documents on time

Agent with Agent (Broker to Broker)
Co-broke / Commissions
Earnest money on contract breaches
Communication requirements
Mentoring / training agreements
Joint open houses
Prospect ownership
Joint office sharing
Joint assistant sharing

Rainmaker with Team Member
Recruiting / hire decision
Office space
Copying costs
Automobile expenses
Commission splits
Profit sharing
Cap splits
Lead generation
Rainmaker responsibilities
Team member responsibilities / opportunities
Team member training/mentoring
Non-compete terms
Responsibilities / Performance requirements / Expectations Benefits (vacation, health care, insurance, etc.)

Agent with Third Party Resources (Title Company, Lender, Home Inspections, etc.)
Treatment of clients
Co-marketing agreements
Special client rates / fees (e.g. re-inspection fees for home inspection, title fee discounts)
Reciprocal referral agreements

Agent Representing Seller/Buyer with Agent Representing Buyer/Seller
Earnest money
Personal property included or not included in sale
Purchase / sale price
Closing date
Possession date
Conditional loan approval timing
Appraisal payment timing
Who pays buyer’s discount points
Discount points shall not exceed amount
Who pays ALTA lender title policy
Who pays loan origination fee
Who pays appraisal fee
Seller payment of buyer’s other loan costs
Payments of assessments at closing
Buyer’s Inspection Notice timing and seller’s response timing
Buyer’s inspection issues
HOA assessments and transfer fees
Home Warranty
Termite inspection/treatment payment
Deadline extensions
Title company
Special access
First right of refusal
Mineral / water rights
Utilities left on for inspections/repairs
Multiple counter offers
Lot survey fees
Environmental inspection fees
Well inspection fees
Septic inspection fees