Contents

Can You Negotiate a Short Sale and Offer Less? (How to Succeed)

Written, Reviewed and Fact-Checked by The Credit People

Key Takeaway

Yes, you can negotiate a short sale and offer less, but lenders prioritize offers close to market value and require strong documentation, including recent comparable sales and a well-prepared hardship letter. The lender - not the seller - decides, and will reject lowball or weakly supported offers; expect counteroffers and delays of two to six months. Multiple liens or incomplete paperwork can stall or kill your deal, so gather all records and check your credit with all three bureaus before you start. Approach every step with hard data, organization, and patience for the best shot at approval.

Let's fix your credit and raise your score

See how we can improve your credit by 50-100+ pts (average). We'll pull your score + review your credit report over the phone together (100% free).

 9 Experts Available Right Now

Call 866-382-3410

54 agents currently helping others with their credit

image

Can You Really Negotiate A Short Sale Price?

Yes, you can negotiate a short sale price, but understand that the lender has the final say. They'll weigh your offer against what they'd recover if the property went to foreclosure, aiming to minimize their losses. So your offer has to be realistic and backed by solid market data.

When negotiating, it helps to submit a strong package - think offer, proof of funds, and seller hardship docs - to convince the lender that accepting your offer makes financial sense. Keep in mind, the lender can and often will counteroffer, so be ready to adjust your price. The negotiation is with the lender, not just the seller.

Focus on a fair market value offer and maintain patience through the lengthy approval process. If you want specifics on starting negotiations or how low you can go, check out the sections '3 steps to start a short sale negotiation' and 'how low can you go with an offer?' for practical next moves.

Who Approves A Short Sale Offer?

The short sale offer must be approved by the homeowner's mortgage lender or lenders, if there's more than one lien. While you and the seller sign the purchase contract, the lender holds the real power to accept or reject the sale terms and price.

Lenders review the offer against how much they expect to recover through foreclosure and their costs. If the offer brings less loss than foreclosure, they usually approve it. But if it's too low, they'll likely say no.

Keep in mind, all lienholders need to approve if multiple mortgages or liens exist; missing one approval stalls everything. The seller's job is to submit your offer and a complete short sale package to the lender for evaluation showing solid proof of hardship and market data helps.

You want to focus on making a strong offer and full package because lender approval is the final gatekeeper. If you're curious about how to get there, check out '3 steps to start a short sale negotiation' for practical next moves.

3 Steps To Start A Short Sale Negotiation

To start a short sale negotiation, first make sure the lender has officially pre-approved the seller for a short sale. Without this step, any offer will likely be ignored or rejected outright. Next, submit a formal written offer along with a complete short sale package to the seller or their listing agent; this package should include your purchase contract, proof of funds, and any required hardship documentation.

Once your offer and package are ready, the seller forwards everything to their lender for review. Keep in mind, lenders will scrutinize this to decide if the short sale nets them less loss than foreclosing. Patience here is key - expect back-and-forth as the lender considers your offer carefully.

So, your three clear steps are: confirm lender pre-approval, craft a full written offer with all needed documents, then let the seller submit it to the lender. Nail these, and you're off to a solid start. Next, check out 'how low can you go with an offer?' to plan a smart bid.

How Low Can You Go With An Offer?

You can't just slap on any lowball number and expect it to fly. Your offer has to match - or come close to - the property's current market value, backed by solid comps. The lender won't approve anything that nets less than what they'd get through foreclosure after factoring in all their costs.

Think about it like this: lenders aim to cut their losses, not take new hits. Your offer needs to cover their carrying costs, legal fees, and potential resale expenses. If you're wildly off, expect rejection. Instead, gather accurate comps and use a competitive but fair offer to get serious attention.

If the lender counters your offer, that's normal - they'll push for a higher price to protect their interests. Be prepared to negotiate but know the ceiling is usually set by market realities, not your wish list. Your best shot is a well-reasoned offer paired with a complete short sale package.

Bottom line: don't shoot from the hip. Base your offer on facts and the lender's realistic breakeven point. Nail this, and you increase your odds. Next, you'll want to explore 'what makes a strong short sale package' to strengthen your position even further.

What Makes A Strong Short Sale Package?

A strong short sale package nails every detail lenders need to say yes, not no. It's more than just throwing papers at them. You want to prove this sale makes sense, and that means clear, complete, and honest paperwork that simplifies their job.

Here's what you must include:

  • A signed purchase contract, showing the buyer's commitment.
  • Proof the buyer can pay (pre-approval letter or proof of funds).
  • A hardship letter from the seller explaining why they can't keep up the mortgage.
  • Detailed financial documents like pay stubs, bank statements, and tax returns.
  • An accurate Comparative Market Analysis (CMA) that justifies the asking price.
  • A HUD-1 settlement statement or payoff statement so the lender sees exactly what you'll clear after the sale.

Every piece must be spotless. Missing or sloppy info kills your chances immediately because lenders hate guesswork or chasing down facts. You're not just selling a house; you're selling a story of hardship and quick resolution that benefits everyone.

Keep your eyes peeled on 'why lenders say yes (or no) to offers' next - it explains what lenders really want and why your package either makes it or breaks it. Nail that, and the rest gets way easier.

Why Lenders Say Yes (Or No) To Offers

Why do lenders say yes or no to offers? Simple: they want to minimize their loss compared to foreclosure. If your offer nets them more cash after all expenses, they'll likely say yes. If it doesn't, expect a polite no.

Lenders dig deep into the numbers. They account for legal fees, taxes, insurance, home maintenance, and resale costs. If your offer's proceeds cover those and still beat the expected foreclosure outcome, you're in good shape.

Incomplete or sloppy packages also get rejected. Lenders want complete info - proof of your financing, hardship documents from the seller, and an accurate market analysis. If they sense guesswork or missing pieces, it's a no-go.

Think of them as savvy negotiators pressing for the best deal. They aren't just looking at list price but the net they'll actually collect. A low-ball offer that looks tempting to you probably won't clear their financial bar.

Multiple liens? All lienholders must agree. If one says no, the deal stalls. This adds complexity and can swing lender decisions.

Cash offers usually speed approval since they avoid financing risks. But a well-documented financed offer with solid buyer pre-approval can still impress a lender if the numbers add up.

So, when your offer hits their sweet spot: full documentation + net proceeds above foreclosure costs + realistic market value = lender says yes. Miss those marks, or if your offer's too low or incomplete, the answer's no.

Focus on submitting a strong, clear offer with all support docs. It's the best way to avoid rejection and get that crucial lender thumbs-up.

Now, to nail the next step, check out 'what makes a strong short sale package' - it shows you how to build that winning offer.

How Long Does Short Sale Negotiation Take?

Short sale negotiation usually takes about 60-120 days - or even longer - because lenders need thorough reviews before approving any deal. This isn't quick stuff; it depends heavily on paperwork completeness, lender responsiveness, and whether multiple lienholders are involved. Expect the process to drag if documents are missing or if junior lienholders slow down approvals.

Initial Approval: 30-60 Days

This phase covers lender pre-approval and package submission. Sellers and buyers must submit a detailed short sale package, including financial hardship proof and market analysis. Delays often happen if the lender wants extra info or if the buyer's offer feels low compared to foreclosure expectations.

Final Approval & Closing: 30-60+ Days

After the lender reviews the package and offer, they may accept, reject, or counter. If counters come up, negotiations can stretch out, adding weeks. Multiple lien approvals can prolong things since every lienholder has to sign off for the deal to close.

Plan for patience - you're basically negotiating with gatekeepers balancing risk and loss. Ready to learn negotiation tactics? Check out 'what if the lender counters your offer?' for handling lender counteroffers effectively.

What If The Lender Counters Your Offer?

If the lender counters your short sale offer, it means they're not on board with your initial price or terms and want you to up your game. They'll usually suggest a higher purchase price or tweak other aspects like closing dates or contingencies. This is a pretty normal part of the negotiation, so don't panic or back out too fast.

Here's the deal: your original offer isn't set in stone until the lender signs off. You now have three choices - accept their counter, decline it, or send back a new counteroffer with your own terms. Keep in mind, negotiations can continue back and forth until both sides reach a middle ground or one side walks away.

When you evaluate the lender's counteroffer, look closely at how it fits your budget and the property's market value. If it's too high, stand firm but remain respectful. Sometimes a small upward move paired with a strong short sale package (think proof of funds, hardship documents, CMA) persuades the lender better than stubborn rejection. Remember, lenders aim to minimize their losses, so they balance your offer against foreclosure costs and resale potential.

Also, be ready for longer wait times as lenders review counters - this process often drags out, frustratingly. Patience and responsiveness pay off here, so keep communication open and clear. If you're unsure, lean on your agent or attorney, who can strategize on your behalf.

Bottom line: a lender's counter is your invitation to negotiate, not a door slammed shut. Holding your ground matters, but flexibility moves the deal forward. Next up, check out 'cash vs. financing: which offer wins?' to see how your offer type might affect lender decisions and speed things along.

Cash Vs. Financing: Which Offer Wins?

When it comes down to it, cash offers usually take the cake in short sales because they cut out financing risks and close way faster. Lenders love that since it means less waiting and no chance of a loan falling through last minute. If you can pull off a straight-up cash buy, you already have a big edge.

That said, don't write off financed offers. A strong, fully pre-approved financing offer with all paperwork spotless can still stand tall if it matches or beats a cash bid in price or terms. Just keep in mind any hiccups in the loan process add uncertainty and delay - and lenders hate that uncertainty in short sales.

Here's a quick reality check:

  • Cash offers = simpler, faster, more reliable for lenders.
  • Financed offers need a rock-solid package and buyer credentials to compete.
  • Price and timing still matter; a lower cash offer might beat a shaky higher financed bid.

Bottom line: If you're trying to win with financing, come super prepared, but if you can swing cash, it's usually the winner. Ready to learn how to nail that offer? Check out '5 tips to get your short sale offer accepted' next for some real-world tactics.

5 Tips To Get Your Short Sale Offer Accepted

To get your short sale offer accepted, start by confirming the seller has lender pre-approval for the short sale - this saves tons of headaches later. Next, make your offer realistic and backed by recent market comps; lowballing kills your chances instantly. Don't forget to include a flawless, complete short sale package with every required document - lenders will reject anything half-baked or missing.

Be prepared to wait. Short sales take time, so respond quickly to any requests and keep communication open. Work with agents or attorneys experienced in short sales who know how to navigate lender demands and keep things moving forward. Cash offers usually have an edge, but a well-qualified financed offer with solid pre-approval can still win.

Remember, patience and professionalism go a long way when lenders weigh your offer against potential foreclosure losses. Nail those steps, and your odds improve dramatically. If you want to dive deeper on crafting strong offers, check out what makes a strong short sale package for more on assembling your winning bid.

Can You Negotiate Repairs Or Credits?

Yes, you can try to negotiate repairs or credits, but it's a tough sell in a short sale. Lenders usually want to minimize losses and often insist on selling the property "as-is" with no repair concessions. Asking for credits or repairs might reduce your chances since lenders factor net proceeds heavily into their approval.

If you're considering this, be strategic: get a thorough inspection report and focus on major, safety-related issues rather than cosmetic fixes. Present your case clearly to the seller's agent, but be prepared for the lender to reject requests that cut into their bottom line. Sometimes, negotiating a small credit might work if it doesn't hurt the lender's expected recovery.

In most cases, plan for repairs yourself post-sale unless the deal includes credits upfront. This links closely to '5 tips to get your short sale offer accepted' because keeping your offer strong means accepting the property's condition. Knowing this upfront saves you time and frustration during negotiations.

Can You Back Out After An Offer Is Accepted?

Yes, you can back out after an offer is accepted, but it depends on your contract's contingency clauses. Most residential contracts include contingencies for inspection, financing, and appraisal that let you cancel without penalty within those limits. If you skip those protections and pull out later, you risk losing your earnest money deposit.

In a short sale, things get trickier. Even after seller acceptance, the lender must approve the deal. If the lender greenlights the sale and you decide to back out outside contingencies, you may face contract penalties. Always review your contract closely and keep deadlines clear for inspections and financing approval to protect your money.

If you're unsure when to walk or hold firm, understanding contingencies helps you navigate this without costly surprises. For a deeper dive, check out 'what if the lender counters your offer?' to see how negotiations affect your options.

What Happens If There’S More Than One Lien?

If there's more than one lien on a property, every lienholder must approve the short sale. The primary mortgage holder typically leads, but second mortgages, HOA fees, and tax liens also have a say and must release their claims for the sale to clear title.

Junior lienholders usually get paid less, sometimes nothing, because the first mortgage's lender gets priority. This often means negotiating multiple approvals simultaneously, which can drag out the timeline and complicate the process significantly.

If even one lienholder refuses, the short sale can stall or fail. So, getting all parties on board is crucial - you want them to sign off formally, releasing their liens so you don't get stuck with unresolved debts later.

Keep that in mind when making an offer; the more liens involved, the longer and trickier approval becomes. For details on handling these challenges, check out 'how long does short sale negotiation take?' to better manage expectations and timelines.

Guss

Quote icon

"Thank you for the advice. I am very happy with the work you are doing. The credit people have really done an amazing job for me and my wife. I can't thank you enough for taking a special interest in our case like you have. I have received help from at least a half a dozen people over there and everyone has been so nice and helpful. You're a great company."

GUSS K. New Jersey

Get Started button