Fears and Offer Drafting—who’s fear are we thinking of?

Buyers expect their agent to protect them and look out for their best interest when drafting an offer to purchase real estate. Important If True. More cliche than truth.

My fears are directly related to my awareness. The less I know about sky diving, the more I fear stepping into air. The more I know about sky diving, the more I fear stepping into air. The more I know about a reasonable worst case scenario the better I can move beyond being afraid. If the fear appears to be justified, a threat to well being, I can protect myself from fear by taking precautions or walking away.

If the opening sentence is true to you, do you always know the client’s intentions enough to know what they believe is in their best interest, and what they want to be protected from. Everyone fears something. Not everyone fears the same thing.

I think one of the reasons people who get paid for drafting real estate offers for others believe their role is protector of best interests hang on to that idea because they don’t know how to discover the client’s fears or opinions of what’s best. There is another inability of contract drafters that dooms the well protected, best interest offer to rejection. It’s common and curable: The inability to know what to do with the Offer document when they know this specific buyer has no concerns to be protected by that specific contingency.

As long as your agent believes they are protecting you from danger, it’s wise to make sure she knows her dangerous adventures might not be yours.

More licensees are learning to separate their fears from the transaction. And that’s a good for our industry. A machine can check boxes and fill in the same blanks for everyone and it’s already being done. To not be replaced by a machine, be human and sharpen your skills in drafting contracts.

Before you prepare to draft offers this weekend, ask yourself: Who’s fear is it I’m trying to protect with my advice? Just because you hear the story or saw it happen, does not mean this buyer is concerned. Knowing who fears what and who wants protection allows us to do simply amazing things for our clients. Who’s offer is it anyway?

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