Highest and Best

August 16, 2019

It’s a tale as old as time; you find an apartment you love, you make an offer, and … so did 5 other people.  Typically, when there are multiple competitive offers, rather than negotiate with all parties simultaneously, which is logistically difficult and can seem unfair, sellers will call for “highest and best” offers, not-so affectionately known as a bidding war.  For certain types of apartments, a bidding war is almost unavoidable.  For buyers in the market for these sorts of apartments (like a two-bedroom in BoCoCa or a renovated apartment with super-low monthlies just about anywhere in Manhattan), there is no reason to fear a bidding war.  Embrace it and arm yourself with the following:


1.) Find out as much as possible about the competition. 

If the first open house is mobbed, chances are there will be multiple offers within the next couple days.  A buyer’s agent can probe for information about interest and the bidding timeline, and may even gain some insight on where the initial offers are.  Note that the usefulness of this information will be limited since seller’s agents won’t actually know what to expect until the “highest and best” deadline. 


2.) What other terms are important to the seller?

Sellers care about more than just price.  For example, accommodating a seller’s preferred closing or move-out date could add value to an offer.


3.) Write a letter to the owners. 

For a seller who has spent a long time in an apartment or has lovingly renovated it, knowing that someone will appreciate and care for their home can be an emotional factor.  An effective letter won’t mean an offer will necessarily be accepted over a higher or better offer, but if it’s a close call, a sincere letter might tip the scales.


4.) Have your agent prepare a thorough offer packet. 

A thorough and professional offer package that anticipates and addresses any questions not only signals that a buyer is serious and ready to move forward, but also that the buyer’s agent will move the process along efficiently.  A sloppy package that lacks critical information creates doubts as to whether a buyer can actually complete the transaction, and at the very least, usually means more headaches for the seller’s agent who would likely prefer to work with an experienced colleague on a smooth transaction.


5.) Consider your contingencies. 

To win a bidding war, buyers don’t necessarily need to be all-cash or waive their financing contingency.  An experienced agent can advise on ways to structure the offer that can level the playing field without compromising their financial position.


6.) Picking the right number. 

Finally, the most stressful part: picking an actual offer amount.  No one has a crystal ball to predict how high the price will go, so it is imperative that the buyer be comfortable with their “highest and best” offer — whether they win or lose.  A buyer’s agent can provide color on comparables or how similar listings performed, but ultimately, whether a buyer goes 2% or 10% over ask, or not at all, is a personal decision. I tell my buyers that they should pick a number where if they lose, they won’t wish they had offered more, and conversely, if they win, won’t feel they overpaid.


Though bidding wars have become less common from their heyday (roughly 2013-2016 where most properties, especially in Brooklyn, received multiple offers and went as high as 10% over-ask), even in our current market, special properties that are priced right will garner multiple offers and often sell over-ask.  Bidding wars really are not as scary as the name suggests — a good agent can guide you through all of these steps, and have no regrets about the outcome.  

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The Isil Yildiz Team



110 5th Avenue

New York, NY 10011

(P) 985-714-4470


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Compass is a licensed real estate broker and abides by Equal Housing Opportunity laws. All material presented herein is intended for informational purposes only. Information is compiled from sources deemed reliable but is subject to errors, omissions, changes in price, condition, sale, or withdraw without notice. No statement is made as to accuracy of any description. All measurements and square footages are approximate. Exact dimensions can be obtained by retaining the services of an architect or engineer. This is not intended to solicit property already listed.