I recently negotiated a transaction on my buyer's behalf. My buyer worked hard over several years to get her finances in order and scrape together enough cash for the down payment. However, she was short the cash to cover closing costs. When she spoke with her loan officer, they decided that the best way to approach this would be to set a ground rule that any home she would buy would need to include a seller's concession for x% of the sales price.
I always consult with the loan officers who have first pre-approved my clients so that I know what to expect. There are a few basic things we need to know up front and whether or not the buyer will require a seller's concession for closing costs and prepaids is one of them.
When I presented my buyer's offer to the listing agent, there was some resistance to the seller's concession. I believe this resistance mainly stems from a mistaken belief that a seller's concession is somehow illegal or dishonest, or that it is somehow a sign of weakness for the seller to grant one. This was confirmed by a quick browsing of some real estate websites offering Q&A discussion for the consumer. Opinions and explanations varied widely and were confused.
A seller concession could be used by the seller to preserve the sales price while sweetening things for the buyer by throwing in any number of incentives ranging from paying a certain amount towards closing costs to buying down interest rates to pre-paying condominium fees as an incentive to sell the property. However, in this case, it is simply a way to enable a sale by rolling a cash cost of the purchase into the mortgage. Of course there are lender rules for seller concessions and of course the buyer may not come away with cash in their pocket. But I also have to make sure our attorney is aware of the sellers' concession and that the amount we're requesting will be fully absorbed (if not, the funds could revert back to the seller).
When negotiating a seller concession I try to simplify by making the seller's concession the buyer's problem (which it is in this case) and direct the discussion toward focusing on the seller's net price, which is what matters to them.
I understand there are circumstances where a seller's concession is not possible, such as when the profits from the sale will be taxed, increasing conveyance taxes (like we have in CT), some short sales/REOs and any number of other situations, which is fine.
What do you think about seller concessions? Are you hesitant to use them?




