GROW WITH LIBERTAS & EXP REALTY

By Tim & Julie Harris · July 28, 2026
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One of the biggest mistakes agents make is treating every negotiation exactly the same. The best negotiators read the market, the seller, the property, and the financing — then build an offer that has the highest probability of acceptance while maximizing the buyer's position.
Seller concessions aren't something you ask for automatically. They're a tool. The question is when and how to use them. Yesterday we walked through the six categories of concessions and the loan-type limits. Today we get into strategy — the six diagnostic questions that turn the concession toolkit into consistent wins.
If you missed yesterday's episode on the six concession categories and the specific 3-6-9% limits on conventional loans (plus the FHA, VA, and USDA rules), start there — today builds directly on it. Now here's the strategy layer.
Strategy #1 — Days on market changes everything
The first diagnostic question is the easiest one to answer and the one most agents skip. How motivated is the seller?
A home listed for 5 days is negotiated completely differently than one that's been sitting for 25 days, or 6 months, or is on its second or third listing. Same house, wildly different levers.
The pro move: run a full archive history on every listing before you make an offer. Not just current days on market. How many times has it been listed? Has it been on and off the market? Did previous contracts fall through — and if so, at what stage? Was it inspection issues? Financing issues? Appraisal issues? Was the seller renegotiating aggressively and losing buyers?
When Tim and Julie were selling, it wasn't unusual to be the third listing agent to represent a home — the first two failed, and their team was the one that actually got it sold. The listings that failed twice often become the strongest opportunities on the third attempt because the seller has been humbled by two failed processes and is finally ready to hear reality.
The communication problem killing deals right now
A subset of this strategy point that both sides need to hear.
Listing agents: if you're still using the "hide from voicemail" strategy of ignoring buyer agents until they submit an offer, you're producing your own expireds. Modern listing agents coach buyer agents on how to structure an acceptable offer — within the disclosure boundaries the seller has agreed to. Not to give away leverage. To help the buyer agent understand what your seller actually cares about — timing, possession, condition, financing structure. The listings that go on and off multiple times almost always have an uncommunicative listing agent behind them.
Buyer agents: you have to get in the habit of picking up the phone and calling listing agents before you write the offer. Ask specific questions. Not "what should we offer?" — that's an amateur question. Instead:
"When would your seller ideally like to close and possess?"
"Is your seller flexible on rent-back?"
"Are there any inspection items you're aware of?"
"How's showing traffic been on this one?"
"What terms matter most to your seller besides price?"
If the listing agent says something like "just make your best offer," they're inexperienced or lazy. Push politely for specifics. Every piece of information they share is a leverage point you can use to structure a winning offer.
Communication is one of the specific things AI cannot replace. Agent-to-agent phone conversations produce information that no algorithm can generate. Which is why the agents who make the calls dominate the ones who send emails and wait.
Strategy #2 — Don't double-dip without a reason
Here's the classic mistake that kills more offers than any other. A low offer plus a laundry list of every concession imaginable.
Buyer agent submits 10% below list price, asks for maximum closing cost credit, asks for repair credits before inspection, wants every inspection type known to humankind, asks for personal property inclusions, wants seller-paid HOA transfer, and asks for a 60-day possession. All at once. Recipe for immediate rejection.
Multiple concessions have to be justified by specific facts. If the property is genuinely overpriced (and you can prove it with comps), or in terrible condition (with obvious deferred maintenance), or has been on the market well beyond comparable homes, or has real inspection findings — then stacking concessions makes sense.
Otherwise, connect every concession request to something specific: comparable sales, inspection findings, market time, condition. Not emotion. Not opinion. Not what the buyer wishes were true.
The classic rookie buyer-agent trap
Related failure pattern that's worth naming explicitly. A common way inexperienced buyer agents try to win exclusive representation is by promising the buyer they're going to "beat the seller up on price" and "get the lowest price possible."
Sounds tough. Sounds like value.
It sets the agent up for spectacular failure.
Here's what happens. The agent finds the buyer a $500,000 home. The buyer, the agent, and the appraiser all agree the house is worth $500,000. But the agent already promised aggressive negotiation. So they lowball the seller — anger the listing side, kill the deal, and the buyer fires them for failing to deliver on the promise. The house they wanted goes to another buyer.
The professional approach is the opposite. Explain to the buyer that your job is to get them the best overall deal — not just the best price. Sometimes the best deal is full asking price plus meaningful concessions. Sometimes the best deal is a slight overpay with a payment engineered $500/month lower than the price-obsessed alternative would have produced.
"Mr. Buyer, we might end up paying full list price because the house is worth it — and I agree, you agree, the appraiser will agree. But we'll get the seller to give you concessions that get your payment dramatically lower. That's how you win in this market."
That is the conversation professionals have. Amateurs promise victory in a boxing ring. Professionals build transactions.
Why contract fallout is at a record high
One data point worth naming as evidence for the strategy point above. Recent Redfin data shows contract fallout rates near record highs — the highest they've been in the 10 years Redfin has been publishing this stat.
Why? Because too many agents are structuring aggressive-price contracts that don't hold together. Buyers negotiate hard on price. Get into contract. Then get hit with inspection issues, appraisal issues, or financing issues they couldn't overcome — because they already ate their leverage at the front end. The deals fall out. Everyone loses.
Clean contracts with structured concessions hold together far better than aggressive-price contracts. Which means agents who understand this dynamic produce dramatically more closings per year than agents who don't — even at similar activity levels.
Strategy #3 — Stack concessions strategically (as packages, not single numbers)
Here's the specific move that separates strategy from tactics. Think in packages of concessions, not single-number asks.
Instead of requesting a big $20,000 price reduction, consider combining:
One discount point toward a permanent rate buy-down (roughly $4,800 on a $480K loan).
Seller-paid inspection repairs for a specific list of items.
A free 60-day rent-back for the seller — an accommodation that costs your buyer nothing but is genuinely valuable to a seller who hasn't closed on their next home yet.
A one-year home warranty for the buyer — small money, meaningful peace of mind.
Four smaller concessions in a package are often dramatically easier for a seller to accept than one large monolithic demand. Each individual item feels reasonable in isolation. The seller can approve or negotiate each one on its merits. The overall package produces the same or greater total value to the buyer than a $20,000 price reduction would have — often more.
Meanwhile, the seller mentally holds their price. Which is often what actually matters to them psychologically. You've matched their psychology and delivered your buyer's outcome at the same time.
Warning — inspection-round asks after upfront concessions
One caution on stacking. If you already loaded up asks in the initial offer, don't come back after inspection asking for more.
The pattern that kills deals: buyer agent gets aggressive concessions upfront. Inspection happens. Buyer agent then asks for another round of concessions on inspection findings. Seller — who's already given significantly at the front — looks around, sees they might have another cleaner offer coming, and blows the deal out of the water.
Cleaner contracts win in the current market. If you're going to stack concessions upfront, do it professionally and leave room for reasonable inspection-round conversation. If you already emptied the concession budget upfront, be reasonable at inspection or expect to lose the deal.
Strategy #4 — Know what builders are offering (even if you're not selling new construction)
Fourth strategic diagnostic. What are the builders in your market offering right now?
Even if your buyer isn't considering new construction, you need to know the competitive landscape. Here's why.
Scenario: your buyer is looking at a $500,000 resale. Meanwhile, comparable new-construction homes in the area are listing at $600,000 — but the builders are offering permanent or temporary rate buy-downs, $20,000 in closing cost credits, appliance packages, upgrade credits, or design center credits.
The $600,000 new-construction home may actually have a lower monthly payment than the $500,000 resale, once you factor in the builder incentives. Which is exactly why buyers gravitate toward new construction in the current market — they're payment shopping, and the builders are winning on payment.
This becomes valuable negotiating information on both sides:
On the buyer side — you know what the builder competition is offering. You can structure a seller-concession package on the resale that matches or beats the effective builder deal.
On the listing side — if you have a resale competing against new construction, you can proactively guide your seller toward accepting a concession structure that beats what the builders offer. You're not threatening. You're just explaining the competitive landscape.
The resale advantages are real — mature landscaping, established neighborhoods, immediate availability, no build-time risk. But if the payment math dramatically favors new construction, none of those advantages will close the deal on their own.
Strategy #5 — Match the concession to the buyer's specific problem
Every buyer has a different obstacle. Diagnose it first, then match the concession category.
Short on cash to close? → Closing cost credits.
Payment feels too high? → Rate buy-down.
Nervous about property condition? → Repairs or repair credits.
Needs to sell existing home first? → Home sale contingency.
First-time buyer intimidated by unknown costs? → Combination of closing credits and one-year home warranty.
Buyer worried about school-year timing? → Extended closing or flexible possession.
The concession is only useful if it solves the specific obstacle standing between your buyer and the closing table. Ask the questions first. Diagnose the actual barrier. Then match the tool.
The home sale contingency deep dive
Because this is the concession that most agents assume is impossible in the current market — and it's often the most powerful available.
Here's the mechanic. The seller accepts the buyer's offer contingent on the buyer selling their existing home. In a strong buyer's market — or a stalled listing situation — sellers are absolutely accepting these right now.
Two tactical considerations from the seller side:
MLS status handling. The moment the home shows as "pending" in the MLS, showings die. Depending on your MLS rules, you may want the listing to remain "active" during the home-sale-contingency period so competing buyer offers keep coming in. Check your local rules.
The 24-48 hour escape clause. Standard contract language allows the seller to continue marketing the home. If a stronger offer comes in (typically defined as one without a home sale contingency), the seller can force the first buyer to either remove the contingency within 24 or 48 hours or lose the property. This is what makes the arrangement acceptable to the seller — they're not locked in.
The buyer's real financial position
Here's where the strategic magic is. If your buyer accepts an escape-clause structure — meaning they're willing to be forced to close on the new home within 48 hours if pushed — that tells you something critical about their finances.
It usually means the buyer has a plan B for closing without the sale of their current home. They have equity they could tap. They have a 401(k) loan available. They have family money. They have a bridge loan pre-approved. They can buy without needing the sale, but they prefer to have it lined up.
Which means as their agent, you should push the conversation one step further:
"If you're willing to accept the 48-hour escape clause anyway — meaning you have a way to close without selling first — why don't we just write a clean offer with no home sale contingency and stretch the closing to 90 days? That gives us enough time to close your current home in parallel, and we don't give the seller any reason to walk. Your offer is dramatically stronger and you're not really giving up anything you weren't already prepared to give up."
Most home sale contingencies are actually convenience contingencies — the buyer prefers not to close without the sale, but doesn't strictly need to. Buyer agents often accept the contingency at face value without asking the second-layer questions. Ask them.
Bridge loans and upfront equity-access products have become dramatically more accessible and less expensive over the past few years. There are now specialized lenders offering unlock-equity products designed specifically for this situation. Know them. Have referrals ready. The buyer who thought they needed a contingency often doesn't once they see the alternatives.
Strategy #6 — Understand the seller's real goals
The final diagnostic. Why is the seller moving? What are their actual timelines? Have they already purchased another home? What do they value more — a higher price or better terms?
Great negotiations create wins for both parties. And often, flexibility on possession, closing timing, or contract terms costs the seller very little but creates enormous value for the buyer.
Common examples we hear on coaching calls:
Seller has already purchased their next home. They desperately need to close by a specific date. Timing accommodation is worth more than a modest price bump.
Seller's next home isn't ready yet. They need a rent-back. Offering one for free earns you dramatic goodwill and often produces a lower purchase price in exchange.
Seller is going through divorce. Certainty is worth more than money. Clean, fast, drop-dead-final offers win over higher-priced but complicated ones.
Seller is relocating for a job with a start date. Ability to accommodate specific move dates is worth thousands.
Seller has never lived anywhere else. Emotional accommodations — a personal letter, respectful handling of their belongings, allowing them to say goodbye — matter more than most agents realize.
Every one of these is invisible if you don't ask. Which is why the pre-offer conversation with the listing agent (from Strategy #1) is so structurally valuable. Every piece of information about the seller's actual situation opens up a concession category you would never have thought to use otherwise.
Communication is your value proposition
One extended point worth pulling out. Many listing agents in the past three years developed a habit of pushing buyer agents around — because they could. Multiple offer situations gave them structural leverage. That leverage has evaporated in most markets.
Statistically, the country is at least a balanced market and in many areas a buyer's market. Which means the listing agents still operating as if it's 2021 are actively losing deals for their own sellers. Their inability to communicate is turning strong potential buyers into competing listings for other agents.
Similarly, buyer agents who won't return listing agent calls, or who treat every conversation adversarially, are producing lower conversion rates than they should be.
Negotiating is coming together, not fighting. The value you bring to a transaction is not drama. There's plenty of drama in real estate without you adding to it. Your value is being the calm, competent, communicative professional who moves the deal forward while everyone else is emotional.
Some agents mistake drama for value. They tell their buyer they "went to the boxing ring with Conor McGregor and Mike Tyson in their prime" to get the concessions. They mess up their hair before Zoom calls to look like they've been in a fight. They complain about the other side's meanness.
Buyers and sellers don't want this. They just want the flipping house. They want to buy it or sell it. The less drama, the more calm and collected you are, the more value you carry to the transaction.
Programming note — New Premier Coaching launching soon
One coaching-related announcement. Tim and Julie and four of their staff members have been working for the past year on a major redesign of Premier Coaching, called New Premier Coaching. It's launching within the next week or two.
The redesign delivers all 13 levels of Premier Coaching — including the Ethical Real Estate Professional designation — as one flat-fee package rather than the month-by-month rollout of the current program. That means agents who join get access to the full suite immediately instead of waiting a year to receive the whole framework.
Semi-private coaching with a Harris Certified Coach is still included.
Introductory price is 50% below retail for approximately the first 30-60 days after launch, specifically for loyal podcast listeners and Harris Real Estate Daily newsletter subscribers. If you're subscribed to the newslette, you'll get advance notice when it goes live. If you're not subscribed, this is your reminder — this is where advance access to product launches gets announced first.
Tomorrow's episode — the strategy conclusion
Tomorrow wraps the three-part concessions series with the deepest strategy content — how to actually structure and win a home sale contingency negotiation from the seller's side, plus advanced concession combinations for the toughest transactions. Tim thinks it will be the most important of the three episodes.
The bottom line
Concessions are a tool. Days on market, seller motivation, buyer psychology, builder competition, and specific buyer obstacles all determine which tool you deploy — and how you package it.
Read the situation. Diagnose the obstacle. Structure the package. Communicate professionally. Skip any of those four steps and you're back to price-only negotiation that produces record-high fallout rates and dead deals.
Do all four consistently and you become the agent your competitors can't figure out. They fight on price. You win on structure.
The market is negotiating. Your job is to be the professional in the room who knows how to negotiate back.
Ready to stop guessing and start producing?
💼 Build wealth with Tim's eXp team: whylibertas.com/harris
📲 Elite Coaching — text Tim directly: 512-758-0206
If you ran all six strategic diagnostics — days-on-market history, no double-dipping, package structuring, builder competitive intel, buyer-obstacle matching, and seller-goal discovery — on every offer for the next 90 days, how many additional deals would close for you that your price-only competitors would lose?
— Tim & Julie Harris
Founders of Tim & Julie Harris Real Estate Coaching | Publishers of Harris Real Estate Daily | Hosts of PowerHouseTalk | eXp Realty Sponsors at Libertas
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