How to Defend Against References to Non-Existent “Standards” in Real Estate Contracts

When negotiating a property contract, you may often encounter the argument that a certain provision is “standard” or that “no one has ever had a problem with it.” This trick is meant to push you into accepting unfavorable terms without further discussion. In reality, it’s a manipulative tactic designed to weaken your negotiating position.

What does this kind of manipulation look like? Typical examples include:

1. “We’ve signed this contract with hundreds of clients, and no one ever objected.” This claim cannot be verified. Moreover, just because someone signed something doesn’t mean it was beneficial or right for them.

2. “This is a standard clause.” Legal standards are not defined by real estate agents. The use of “standards” only makes sense where there’s a genuine need for uniform procedures—not where the clause is clearly disadvantageous or nonsensical.

   
   

What to do about it? You can request concrete evidence. But in this case, the agent may be able to produce five contracts where some unfortunate, defenseless client was pressured into signing unfair terms. And while the real estate market is gradually becoming more transparent, there are still plenty of players using dubious contract provisions. So in this case, you may need a different approach.

You can use your own “standard” or an absent third party (see the previous article):

• “Our internal policy doesn’t allow us to sign contracts with this type of clause.”

• “What you describe as a standard is something I couldn’t justify to my wife.”

Once it becomes a battle of standard versus standard, you’ve created space to talk about the substance of the issue.

“Alright, you claim it’s standard. I say it’s not. So let’s look at the essence of the matter. What is the purpose and impact of this clause? And how exactly does it fairly protect the interests of both sides?”

Once you’ve thrown them off balance, you can take the initiative and continue in a positive tone:

“I’d like to stick to what benefits both parties. Let’s focus on how to make this work so that you feel protected, and so do we.”

If you’re feeling particularly confident, you can always respond to the mention of a “standard” with a long silence, then follow up with:

“Hmm. Anyway, back to the point—I’d like to discuss this particular part of the contract.”

In negotiations, it’s important not to be intimidated by vague references to “standards,” and instead steer the conversation toward the merit of the matter.