You’ve found the house. The offer has been accepted. Inspections are underway, and everyone is looking forward to closing.Then the lender says the property doesn’t qualify for financing
Dated: July 28 2026
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In real estate, the words “best and final offer” usually signal that negotiations are coming to an end. The seller is drawing a line, and the buyer must decide whether to accept the terms or walk away.
But every transaction is different. Sometimes, when the circumstances are right, there may still be room for one more carefully considered counteroffer.
One of my most memorable real estate negotiation stories involved a longtime client who was also a successful movie producer. He was an experienced, sophisticated buyer who understood business, contracts, and negotiation. He also knew exactly what he wanted—and he was not afraid to keep negotiating when he believed there was still an opportunity to create a better agreement.
I had worked with this buyer for several years, and we had already completed a number of transactions together.
The first property I handled for him was a condominium he owed more on than it was worth. I successfully guided him through a short sale, which required careful communication, persistence, and extensive coordination with the lender and other parties involved.
After that transaction, we went on to purchase several apartment buildings together.
By the time this particular opportunity appeared, we had developed a strong working relationship. He trusted me to understand his goals, communicate honestly, and continue looking for solutions even when a transaction became difficult.
That trust is especially important when working with experienced or high-profile clients. They may be comfortable negotiating complicated deals, but they still need a real estate professional who understands the market, protects their interests, and knows how to keep the transaction moving forward.
We had spent months looking at apartment buildings before finding one that truly stood out.
The property was beautiful, full of character, and located in a highly desirable area. My buyer immediately recognized its potential. After seeing several other buildings, he knew this was the one he wanted to pursue.
We submitted a strong offer. It included a substantial down payment, financing through a highly reputable bank, and a 60-day closing period.
The offer demonstrated that my buyer was serious, financially qualified, and capable of completing the purchase. However, the seller was also experienced and sophisticated. Neither side was entering the negotiation casually.
The seller responded with a counteroffer, and the negotiations began.
We went back and forth several times, reviewing the price, terms, timing, and the priorities of both parties. With each counteroffer, I helped my buyer evaluate not only what he wanted to achieve, but also how the seller was likely to respond.
Eventually, the seller issued what was described as a best and final counteroffer.
In many transactions, that would be the moment when the buyer either accepted the seller’s terms or ended the negotiation.
My buyer, however, believed there was still room for one more counteroffer.
Submitting another counter after a seller has said “best and final” requires careful judgment.
You do not want to frustrate the seller, weaken the buyer’s credibility, or risk losing the property over a relatively small difference. At the same time, a buyer should not feel pressured into accepting terms without fully considering whether one more reasonable attempt could improve the agreement.
We reviewed the entire situation.
The buyer was highly qualified. The financing was strong. The property had been carefully selected after months of searching. Both parties had invested considerable time in the negotiation, and the buyer remained committed to purchasing the building.
Rather than allowing the phrase “best and final” to automatically end the discussion, we prepared one more counteroffer and submitted it professionally.
The seller accepted it.
This transaction was an important reminder that successful negotiations are not simply about being aggressive or refusing to compromise.
They are about understanding the people involved, recognizing what matters to each party, and knowing when it may be appropriate to make one more attempt.
Persistence can be valuable, but it must be paired with sound judgment. Creativity can help keep a transaction alive, but the terms still need to be realistic. Most importantly, the client and the real estate professional must trust one another enough to discuss the risks honestly.
Not every “best and final” offer should be countered. In some situations, pushing again could cause the buyer to lose the property. In others, a respectful and well-supported counteroffer may lead to an agreement that works for everyone.
There is no single strategy that works in every real estate transaction.
Some deals require patience. Others require quick decisions. Some call for compromise, while others benefit from one more carefully crafted counteroffer.
My role is to help clients understand their options, evaluate the risks, and choose the approach that best supports their goals.
Whether I am negotiating with a first-time buyer, an experienced investor, or a high-profile client, the foundation is the same: preparation, communication, persistence, and trust.
When you are buying or selling real estate, the right negotiation strategy can make the difference between losing an opportunity and successfully reaching the closing table.
Thinking about buying, selling, or investing in Billings-area real estate? Contact me at 4063660166 or email me here to discuss how a personalized negotiation strategy can help you make your next move with knowledge and confidence.
Shawn Cox-Mistretta is a third-generation Montanan and an experienced real estate professional with over 30 years of helping clients buy and sell homes. Born and raised in Lewistown, she grew up with ....
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