chapter 9 negotiation, ethics and risk management in the contracting process

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“Real Estate Principles for the New Economy”: Norman G. Miller and David M. Geltner Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process

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Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process. Major Topics. Principles of successful negotiation styles How ethical perspectives influence negotiating styles Adversarial versus cooperative negotiation Aligning Principal and Agent Incentives - PowerPoint PPT Presentation

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Page 1: Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process

“Real Estate Principles for the New Economy”: Norman G. Miller and David M. Geltner

Chapter 9

Negotiation, Ethics and Risk Management in the Contracting Process

Page 2: Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process

“Real Estate Principles for the New Economy”: Norman G. Miller and David M. Geltner

Major Topics

Principles of successful negotiation styles

How ethical perspectives influence negotiating styles

Adversarial versus cooperative negotiation

Aligning Principal and Agent Incentives

Traits of successful negotiations

The process of negotiation

Principal and agent issues in negotiation

Risk management in contracting context

Page 3: Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process

“Real Estate Principles for the New Economy”: Norman G. Miller and David M. Geltner

Negotiation

“ The process of contracting for an exchange, a way to achieve cooperation for some type of trade that will meet our objectives”

Methods of negotiation are varied and include:1. Manipulation, or guilt2. Obligation and loyalty3. Incentives 4. Penalties5. Logic and empathy

Negotiation used in real estate include:Lease, Contract to buy or sell or rehab, mortgage commitment, etc.

Page 4: Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process

“Real Estate Principles for the New Economy”: Norman G. Miller and David M. Geltner

General Negotiation Philosophy: Extreme Views

The Competitive Approach

Principled Negotiation

Factors influencing Degree of Cooperation Versus Competition in Negotiating Styles

Page 5: Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process

“Real Estate Principles for the New Economy”: Norman G. Miller and David M. Geltner

Ethics are not universal and do influence style

Presenting a misleading picture will be considered unethical by many business people

Most Americans consider predatory pricing unethical, but most Japanese consider gaining market share good business

Historically, the Japanese have considered leveraged buyouts or massive layoffs unethical, but some Americans view these as sound business practice

Page 6: Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process

“Real Estate Principles for the New Economy”: Norman G. Miller and David M. Geltner

Ethics are not universal and do influence style

Musashi’s Book of Five Rings

Sun Tzu

Riklis

Page 7: Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process

“Real Estate Principles for the New Economy”: Norman G. Miller and David M. Geltner

Successful Negotiation Traits

1. Self-Confidence is Critical

2. Patience is Important and Listening is critical

3. Information and Knowledge are Power

4. Stay Objective and Know your True Interests

5. Know your Options at All Times

6. Consider Everything Negotiable

Page 8: Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process

“Real Estate Principles for the New Economy”: Norman G. Miller and David M. Geltner

Negotiation: The Process

Negotiation starts before actual meeting and continues after all meetings

“Posturing” is the presentation of positions that are generally extreme or positional in nature.

“Claiming” behavior is an attempt by one negotiating party to claim contractual agreement or commitment on an individual issue, where the other party has presented an attractive position.

Integrative Negotiation

Page 9: Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process

“Real Estate Principles for the New Economy”: Norman G. Miller and David M. Geltner

Role of Communication Skills in Negotiations

Commonly perceived indicators of confidence and power, that can influence flow of negotiation:

Voice Tone

Framing - Art of Tactful Communication

The Importance of Non-Verbal Communication

Page 10: Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process

“Real Estate Principles for the New Economy”: Norman G. Miller and David M. Geltner

Aligning Principal and Agent Incentives Prior to Negotiation

An agent has a fiduciary obligation to the principal with very specific duties

Agent must be clear about the terms of employment

The objective of the principal (often the owner) is to set up incentives in such a way that an agent will maximize what is best for the principal as well as the agent.

Page 11: Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process

“Real Estate Principles for the New Economy”: Norman G. Miller and David M. Geltner

Ethics, Agency and Appropriate Behavior in the Contracting Process

Ethics – “proper or appropriate behavior”

What is proper or appropriate?

Is Ethics the same as doing the right thing?

Cicero First: do what is legal Second: Do what is honest, open and fair Last: Always keep your word, no matter

what the consequences

Page 12: Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process

“Real Estate Principles for the New Economy”: Norman G. Miller and David M. Geltner

Contact Negotiation in a Risk Management Framework

Risk Shifting

Risks are shifted from one party to another through contractual arrangements

Parties involved could be the buyer, seller, landlord, property manager, tenant, agent or banker

In exchange of accepting risk the party might receive higher return or be able to accomplish another objective

Page 13: Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process

“Real Estate Principles for the New Economy”: Norman G. Miller and David M. Geltner

Risk Management

Examples Economic risk based on dependency on

others Management risks: the rent paid in cash Exchange rate risks Vacancy risk: keeping key tenants Operating risks: utility expenses Seller financing: refinancing interest rate

risk Repair risks: several items need to be

replaced Buyer requires an empty building (no

tenants) Other issues: Tie it up then work it out Moral Dilemma: Tenants are old and on

social security; rents are below marketExtra Material not covered in Text

Page 14: Chapter 9 Negotiation, Ethics and Risk Management in the Contracting Process

“Real Estate Principles for the New Economy”: Norman G. Miller and David M. Geltner

END