Real Estate Agents’ Compensation Negotiations (Part Two)
How much should a home buyer or seller pay their real estate agent? Historically, the answer was 6% of the home sale price, split equally by the seller’s and buyer’s agents. But that amount was basically set by the National Association of Realtors, real estate agents’...
Real Estate Agents’ Commission Negotiations (Part One)
Most real estate agents consider themselves pretty good negotiators. After all, home buyers and sellers have been hiring agents for years to negotiate the purchase price of their homes (often the biggest financial transaction of their lives). Recently, however,...
Michigan State Coach Tom Izzo’s Unusual Negotiation Approach
“When somebody says it’s not about the money, it’s about the money,” noted writer H.L. Mencken and others. This applies in many negotiations. But not always. In fact, this has not been true for the third highest compensated college basketball coach in the...
What’s Important to You
Years ago in law school, I was taught to pay particularly close attention to any inconsistencies I noticed in litigation from our opponents – whether in depositions, motions or at trial. I was told to analyze their words, strategic moves, and tone and body language....
Evaluating Blue Chips vs Bargaining Chips (Part One)
“Pay extra attention to the minutiae and ensure you fully understand every term and condition,” this senior partner told me when I was a junior associate. “Some lawyers will try to bury critical provisions in the least obvious places. It’s your job to catch and...
Limited Authority Responses
“I would love to do the deal, but I just don’t have the authority.” I can’t count how many times I have heard this in a negotiation. It’s probably one of the most common statements in all negotiations. It’s also often a smart strategic move, especially if you...
Disadvantages of Taking a Break – Part Two
The vote to depose Managing Partner Jessica Pearson of Pearson Hardman, the fictitious law firm in USA Network’s legal drama series Suits, was moments away. She was going to lose. But then star associate Mike Ross barged into the meeting, threw a folder onto the...
Advantages to Taking a Break – Part One
“I just bought us 48 hours,” star lawyer Harvey Specter told his understudy in the USA Network legal drama series Suits. He said this after getting his incarcerated client to hit him, a shocking move that gave them sufficient time to elicit a confession from the...
Ben Franklin’s Masterful Negotiations – Part Two
Founding Father George Washington has his famous cherry tree story about his honesty (which ironically was untrue). But Founding Father Benjamin Franklin has a real story about his very own mulberry tree behind his Philadelphia house – and it relates to his effective...
Ben Franklin’s Masterful Negotiation Lessons – Part One
Without Founding Father Benjamin Franklin’s extraordinary negotiation skills, the United States of America may not even exist. It was Franklin, after all, that successfully negotiated with France for sufficient financial and military resources to fight the British in...