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Can you negotiate on a short sale?

Yes, but against two counterparties rather than one: the seller negotiates the contract and the lienholder negotiates the net proceeds, and only the second of them can approve a price.

Negotiation in a short sale feels strange because the person across the table cannot agree to anything that matters about the money. The seller can accept an offer all day. The lender decides whether that offer clears the bar it has set, and it is not weighing the offer against other offers so much as against what a foreclosure would produce.

That comparison is the whole negotiation. Everything effective in one of these deals is aimed at it.

There are two negotiations, and they are about different things

The first is the ordinary one: price, closing date, what stays with the house, who pays for what, the contingencies. It happens with the seller and their agent, and it produces a signed contract.

The second is about a single number, the net proceeds the lender receives after every cost on the settlement statement. A buyer asking for a closing cost credit is not asking the seller for anything; the seller has no money in this deal. They are asking the lender to net less, which is the same request as a price reduction wearing a different hat. Lenders read it that way and price it that way.

What the lender is weighing

The decision is a comparison against the alternative it controls: foreclose, hold the property through the process, pay taxes and insurance and preservation costs, list it as REO, pay a commission on that sale too, and receive a number some months from now. If the offer on the table nets more than that estimate, it is a good deal for the lender regardless of what the payoff was.

The inputs to the estimate are a valuation, usually a broker price opinion, and rules imposed by whoever owns or insures the loan, which can set a floor as a percentage of the valuation. Which means the effective lever is evidence about value, not persuasion. Contractor bids for the roof and the air conditioning, dated photographs of the condition, the list of comparable sales the buyer's agent would use, the property's days on market and any prior offers that fell out: those are the things that move a valuation, and a valuation is the thing that moves the floor.

What is negotiable, and what is not

Roughly, anything that changes the net is hard and anything that does not is easy.

  • Usually negotiable with the seller before submission: price, closing date, contingency periods, personal property, and a deadline after which the buyer may cancel if no approval has issued.
  • Negotiable with the lender, with evidence: the price itself, against a documented valuation and documented condition; sometimes which junior lien gets paid and how much.
  • Rarely negotiable: repairs performed by the seller, seller-paid closing costs beyond the lender's allowed list, home warranties, an extended escrow after approval, and the commission, which the lender caps rather than debates.
  • Not a negotiation at all: the deficiency waiver. Whether the balance is forgiven is a matter of the lender's policy and state law, not of what the buyer offers.

Negotiating after the approval letter is a different sport

Once the letter issues, every request reopens a file that took months to close. A price reduction after an inspection, a change of buyer, a request for a credit, all of them go back for re-review, and the letter keeps expiring while that happens.

There is one exception worth knowing. If the buyer's appraisal comes in below the approved price, the file usually has to go back anyway, and that is the moment a documented value below the lender's own valuation actually lands. Not because the buyer argued better, but because the lender now has a second opinion in writing and a loan that will not otherwise fund.

Questions people ask

Can you offer below the asking price on a short sale?

Yes, and the list price is often less meaningful than usual, because it may be a number the agent chose to attract offers rather than one the lender has ever approved. What matters is whether the resulting net clears the lender's floor, so a lowball on a home that has been listed for months with a stale valuation is a different proposition from one written the first week.

Will the bank counter a short sale offer?

Often, and the counter usually arrives as a required net rather than a price: a statement that the file will be approved if the lender receives a certain amount, leaving the parties to rearrange the price and the costs to produce it. Countering back is possible and costs another review cycle.

Should you submit more than one short sale offer at a time?

Buyers do, because any single file may take months and die at the end of it. The constraint is that each contract is a real obligation with real earnest money and real contingency dates, so running several at once means being able to close on whichever one approves first and being able to exit the others cleanly.

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General information about buying, renting and selling a home in the United States, not legal, tax or lending advice, and not a commitment to lend. Loan programme rules change and individual lenders apply stricter requirements than the programmes do. Where a figure comes from Kouzr it is computed from our own daily snapshots of active listings in the market named beside it. How these numbers are made.