Hypnosis might work.

Offer to pay for the an appraisal and offer the owner that if the appraisal comes back at the price you are offering that they sell it at that price, But if they choose not to budge on price after an appraisal says different, then they pay for it.

But, if the price comes back at the price they are asking tell the seller you will either pay their asking price OR pay for the appraisal for the home owner and they can use it in future advertising.

This is a touchy one!  I'm curious about the price range and how long the property has been on the market.

I would probably do one of the following:

Type a letter from the buyer to the seller outlining all the wonderful things about the home, a little bit about why they want this particular home, why they are offering what they are offering (summary CMA) and all the things going for the seller:  a ready, willing and able buyer who is prequalified who can close quickly but is willing to work within seller's timeframes.  

1.  Attach the letter to the offer as an addendum, ask the listing agent to present the offer to the seller and have the seller initial every page of the contract, including all addenda, indicating in writing on the last page that they decline the offer.  I'm in Florida, and agents are required to present every offer received. I assume it's the same where you in your state.

2.  Offer close to the asking price with a financing/appraisal contingency.  If it doesn't appraise, the lender isn't going to lend!

3.  Get your broker/their broker involved.

Good luck!!!

Are you sure your offer was presented? Based on your side of the story this agent is not ego driven he/she is a bad agent. I don't know the list price of the home but if they made 90,000 in 3 1/2 years it has to be in the 250+ range and with the other new home selling for less the offer seems reasonable and worthy of a counter offer. If it wasn't signed and returned I would resubmit without the refrigerator and get a signed refusual back. To not negotiate is a very dumb tactic of someone that doesn't know this business very well. Maybe they love their refrigerator.

I am  primarily a Listing Agent, and I have had a few sellers that have refused to counter, or even sign a refusal.  Even though I explained to them about courtesy to the buyer, etc. they just wouldn't even consider the offer.

Twice I cancelled a listing, and a few times I just let them expire as the seller had "changed" during the listing period, and became unreasonable for todays market.  They decided their properties were worth Gold, and no matter what we did they wouldn't budge.

Good luck to you.......

Janet, I would write the offer plus the addendum then contact the listing agent, let her know you have and offer and ask "when is a good time for US to present this offer to the seller?" The listing agent probably won't like it, but you need to represent your client as best you can.

I agree with Richard. Having your agent present the offer in person insures that you get the offer presented and at the same time gives you an opportunity to educate the seller about what is happening in the real world (fair market value). The problem seems to be that the agent does not know that the market has changed and he is instructing the seller on what he/she does not know. If nothing comes of this, move on.

First, I would rewrite an offer and present it to the seller's with a current market analysis to show them what their home is worth on today's market and what an appraissal will come in at.  Ask them to take the time to view it, read it over, drive the neighborhood etc. and plan an appointment a couple of days later to discuss what you have given them. If this doesn't work, then I would do a market analysis for the home and have the buyer's send a letter stating they will pay X amount of dollars for the home.  

As far as agents, remember this, some agents get these listing by lieing to the seller's and stating their home is worth more than it is.  After a couple of days the seller's may come to their senses.  Good Luck, keep us posted.

WoW! Everyone here is so kind. But, lets think about egos. First a house has a tax appraised value. Second, you can go out and get an appraisal for a property if you (a) own it (b) have contracts to purchase it. The listing agent works for the seller. Who does the buyer's agent work for? Is there a writing contract between them? O.K., so you don't like the price - why even show it unless you planned on using it as a bumper home. Let's say its my listing and you want to present your offer (1) my seller may state in writing that all negotiations are done by my agent. (2) I let you sit at a table and let you present your offer - I don't let you present a CMA on their house. Your web site says you have "great negotiating skills" what happens when something doesn't go your way? A House is worth whatever someone will pay for it!!!!

Janet, Writing the letter explaining why your buyers love the home has helped me once in the past. Actually, it was the only time I've done this. Todd's advice about the appraisal might work. I've also done that and was told NO by the sellers " they knew their house was worth XXX and an appraisal wouldn't help." I know you've probably done this already but, do your buyers like any of the new construction?

Maybe the seller's are motivated enough to really sell. If that is the case then all the trying in the world isn't going to help. Talk with the other agent and see if she/he can help with anything. I hope everything works out.

Are the Seller's really expecting a full price first offer?  Would they even like to look at a "reasonable" offer?  How long has it been on the market?

Janet you sound like you know what you are talking about. Thank you for addressing my points. I'm sure you don't need any help from me. I just saw your blog and several others on P2 and began to wonder who it is we work for and since when can we tell the true worth of a house? Two years ago I discouraged several buyers from the market, today they are still on hold. The housing market boom is not what some think. Most people need a house when they need it and most sell when they are required to do so. This whole flipping thing is nuts. What someone paid for a house yesterday and what it is worth tomorrow is releavant (sp). And you use that several times in your arguement. The other agent is most likely just doing her job. Customers come and go, but real estate agents are forever (sic). Try to look at it from her perspective.

What is it about the house that the buyers want it more than the "properly" priced homes? If it's the best house in their price range, is it truely overpriced? I mostly list- heck, I've had 1 buyer in my car in the past 2 years. I present offers to my sellers in person, no matter how low they are. But, from the listing side of it- it's difficult to hear from a buyer's agent that "my buyers liked your house best of all the houses in the same price range, but we still think you are grossly overpriced." Then are all the other houses they looked at overpriced?

What someone paid 3 years ago has nothing to do with today's value. I'm in a market where several of my sellers are asking less than they paid.  Should a buyer pay over asking price because of what the seller paid?

If the other houses in the area are better and asking less, why didn't your buyers write on one of them?

This isn't meant to sound nasty- just another perspective.

If the buyer wants it that badly, they would pay the price that the seller wants.  If the seller wanted to sell it badly they would lower the price.  You have two incompatible positions and neither is truly motivated.  Just let it go.  Let time take its course and things may change later.

Are you saying you never had a client list their home and not reduce or accept offers? Some buyers just like the chase and low ball everything. Most agents don't seem to realize that the low ball offer sometimes results in the seller refusal to do any negotiating with the buyer. When I was new in the job, I took it personally and may have been part of the problem. As a matter of fact, I am sure I have been part of the problem. But, experience has taught me not get upset or assume the other agent is egotisical. I am a saint. Everyone loves me - as long as I get my own way. Peace!

Hmmm . . . I might try to make the listing agent my friend by asking for help.

If there is ego involved, appeal to it by saying "You know, the buyer wants the house but I sure hate to see him disappointed when it doesn't appraise, so is there anything you would suggest that might help?"

I suspect that it's not ego, but saving face--took the overpriced listing, can't budge the seller, can't get 'er done. Can't admit it.  :)

Empathize with the LA's predicament . . ."You must be frustrated at not being able to make a deal yet on this house."

Sometimes, if you can get them past the 'I'm right-you're wrong' thing, they will commiserate and reveal info that tips the scales in your favor.

Good luck! And if seller and LA are both just jerks, tell your buyer they're lucky--crummy negotiators usually make uncooperative principals in a RE transaction.  Na-na-NEXT!