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Tag: Contracts and Negotiations

  • Closing a Deal? Don’t Skip These Safeguards. | Entrepreneur

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    Opinions expressed by Entrepreneur contributors are their own.

    In any fast-paced sales environment, closing a deal is often seen as the final hurdle. But just before that contract is signed, subtle missteps can create major risks, particularly when client-requested changes go unchecked or processes aren’t followed closely.

    While these issues often appear within the sales cycle, the potential consequences span across legal, compliance, operations and finance.

    Related: Your Contracts Could Be Limiting Your Revenue Potential and Increasing Risk in Your Business. Here’s How to Take Control.

    When standard processes meet last-minute changes

    For many organizations, platforms like Salesforce have helped bring structure and consistency to deal-making. From initial outreach to signed agreement, the path is streamlined and standardized — especially in industries where contracts are carefully templated and rarely deviated from.

    But even the most carefully designed workflows can become vulnerable at the finish line.

    A common scenario: A client returns a contract with their edits incorporated, rather than marked. Buried deep in the document, a key clause has been deleted. It may seem minor. It may go unnoticed. But that single, unvetted change can alter legal responsibilities, shift liabilities or remove important protections. One word changed or omitted can carry long-term consequences.

    These kinds of last-minute revisions, particularly when delivered in a seemingly complete, clean format, present a serious risk. The issue isn’t malice; it’s momentum. At this stage, the client is often ready to get the deal done.

    That’s why the most important defense against risk isn’t about slowing down the sales team; it’s about reinforcing the systems and habits that allow them to move quickly without sacrificing accuracy.

    The power of proactive training

    Mitigating these risks starts with consistent, practical training that goes beyond product knowledge. Teams need regular reminders of where and how deals can go off track. At Associa, the world’s largest homeowners association management company, we have quarterly regional calls for our sales leaders and legal department, which are essential to create a space not only to share updates, but to talk through real-world challenges. These sessions often surface emerging trends, like new types of redlines or recurring client requests that require broader alignment.

    Our annual leadership summit adds another powerful layer of connection and alignment. Over the course of nearly a week, leaders from more than 300 branch offices and sales leaders come together in person for immersive training, open Q&A sessions and collaborative problem solving. It’s an opportunity to cover not just what’s changing, but why certain policies and processes matter. Accessibility during these events is key — salespeople need direct access to legal, finance and operations leaders who can clarify expectations and help prevent common errors.

    Related: 6 Mistakes to Avoid When Creating Client Contracts

    Standardization is your safety net

    Beyond training, standardized deal checklists are a critical tool for catching oversights. Whether responding to an RFP, hiring a vendor or onboarding a client, these checklists prompt teams to confirm legal review, double-check key sections of a contract and ensure no critical terms have been deleted or altered.

    These aren’t just administrative tools; they’re guardrails. When the pressure is on to finalize a deal, checklists force a pause for essential verifications. Did the client send back a PDF instead of a redlined Word document? Has anyone reviewed the terms that were modified? Has legal approved the final version? These questions matter — and the checklist ensures they’re answered before the deal closes.

    Standardization also removes ambiguity. When everyone uses the same process, it’s easier to spot when something is off. That consistency protects the business while enabling the sales team to move confidently.

    Cross-functional collaboration is key

    It’s also important to remember that protecting the business isn’t the job of any single team. While these risks may emerge during the final stages of a deal, they require coordinated vigilance from legal, compliance, operations and leadership alike. Sales teams shouldn’t be expected to be the final gatekeepers of every nuanced legal clause, but they should know when to flag something and who to bring in when they do.

    The most resilient organizations cultivate this kind of shared accountability. They break down silos, making it easy for team members to get answers quickly and escalate when needed. Whether through workflow automation or simple communication channels, the goal is the same: to make it easier to do the right thing than to make a mistake.

    Related: 6 Ways to Save Your Shirt

    Audit before you act

    Finally, before any changes are made to existing systems or processes, it’s essential to audit what you already have. It’s a simple principle, but one that’s often missed in the rush to improve or adjust.

    A thorough audit helps reveal weak points, whether it’s outdated templates, unclear handoff protocols, inconsistent training or information communication. In one instance, a contract signed casually over dinner — meant in good faith — lacked basic protections like defined services or pricing terms, which later led to avoidable complications. Without this step, well-intentioned updates can accidentally introduce new risks. But with it, your team can evolve your processes with confidence, building on a solid foundation rather than layering fixes on top of blind spots.

    Closing a deal is the culmination of hard work, strategy and relationship-building. But it’s also one of the most delicate moments in the business lifecycle. Without the right safeguards in place, it’s all too easy for a last-minute change to slip through unnoticed.

    By investing in recurring training, implementing standardized checklists, fostering collaboration across departments and auditing your processes before making changes, you can significantly reduce vulnerabilities and empower your teams to move quickly, confidently and in alignment with your long-term goals.

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    Jeff Carona

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  • Beware of These Risky Sales Tactics That Are Doomed to Fail or Backfire | Entrepreneur

    Beware of These Risky Sales Tactics That Are Doomed to Fail or Backfire | Entrepreneur

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    Opinions expressed by Entrepreneur contributors are their own.

    True story: Recently, my daughter was at a major brand car dealership with her boyfriend, intending to purchase a pre-owned car. Note I made up the numbers for the sake of my daughter’s financial privacy, but the takeaways are still the same.

    The dealership asked for, let’s say, $26,000 “all in” for the car, but my daughter had already decided that $20,000 was the most she would pay. There was a lot of ground to cover to actually make a deal happen. After some discussion, the salesperson did his best, dropping the price to $25,000. But that still left a big gap, so he told her, “Let me go check with my manager and see if he has any ideas.”

    After five minutes, the salesperson and his manager entered the room together. The manager explained that at $25,000, this was a great price; it was already well below their MSRP, and the deal was “very thin” as it was for him. He then used the famous line, “Okay, here’s what I’m going to do to get you into this car today.” The manager pulled out a piece of paper with revised numbers that showed his price now at $23,995. He explained to my daughter that this was the absolute best possible price. He was “all in;” this was his “best offer,” and he told her to take it or leave it. For the grand finale — keeping in mind that this is a 100% true story — the manager took out a big red ink stamp and smacked it down on the paper. The stamp read “FINAL” in bold red ink. $23,995. FINAL.

    My daughter responded, “Thanks, but I’m sorry; it looks like it’s not going to work out.” Without hesitation, he immediately blurted out, “How about $22,500?”

    When my daughter told me the story, I had a wonderful laugh. After the big show, the manager held his price for a full six seconds. And the idea of the red final stamp just made the story even better. But the more I thought about it, the more I realized there’s actually quite a lot to unpack here regarding sales tactics, psychology and effectiveness.

    Related: 3 Unconventional Sales Tactics That Will Close More Deals

    I’m not in the car business, and I’ve never sold cars, but I can see some familiar sales tactics (and mistakes) playing out here:

    Playing the waiting game

    All this went down after my daughter had spent hours on the lot. It was getting late in the day on a Saturday, and the manager knew she was hoping to get it done. At some level, the manager was wearing her down and playing out the clock, playing the “waiting game.” It didn’t work in this case, but often, this notion of using time as a weapon can be very effective. Utilizing time as a strategic element in the negotiation process can be effective, but it must be used carefully and respectfully. Pushing too hard on time constraints can backfire.

    Closing the deal by changing the sales lineup

    When the salesperson reached his personal negotiation line or felt he would lose her, he brought in his manager. In addition to adding some time to the clock, this step created a new opportunity for a new dynamic. The dealership never really wants a potential buyer to walk out the door, so if one person doesn’t get the job done, it’s always worth trying someone else. Involving a manager or company administrator in the negotiation process can create new dynamics and opportunities for closing a deal.

    Proposing your best and final offer

    Although I laughed hysterically when I heard about the red stamp, I soon realized it was actually a smart move. Once upon a time, I’m guessing some sales and marketing people sat in a room, and someone said, “I have an idea — let’s make a red stamp that says final and use that during negotiations.” Everyone probably laughed, and they would have said, “No, I’m serious!” And then everyone thought about it and agreed, as funny of an idea as it was, it actually made sense. It’s one thing to tell someone something verbally, but when it’s “official” and in red ink on paper, it’s human nature to believe it and take it as indisputable. Using psychological sales tactics to create a Fear Of Missing Out (FOMO) effect, such as a “Final Offer” stamp, can be effective in conveying seriousness and finality, but you have to honor your word, or you will likely lose credibility.

    All the tactics I outlined above were smart, but here’s where I think the dealership dropped the ball:

    Trying a shutdown move too soon

    The manager came in cold, and rather than take some time (again, time is on their side) to talk about the value, create some alignment, and build some rapport, he went straight for the kill. That tactic may work, but I felt it was too aggressive. He would have been better off discussing the pain points and goals concerning the product, coming up with some extra incentives, etc. Understanding the customer’s needs, discussing the product’s value and building rapport and trust can be crucial in successful sales.

    Related: How to Master Your Sales Success — Why Every Answer and Rejection Matters

    Putting an out-of-reach offer on the table

    The manager decided to go for the close in a fairly aggressive way. In some cases, that tactic makes sense. But he played it all wrong with the numbers. He knew they were a full $5,000 or 20% off, and he decided to put it all on the line at $23,995. Obviously, given how fast he dropped another thousand, he had plenty more room. If he was going for the hard close and “FINAL” offer, he should have made it more compelling. By putting on the big show and then immediately dropping his price, he completely lost credibility and lowered the odds of closing. In this case, he lost my daughter’s trust and the sale. In negotiation, it’s important to understand the other party’s budget and limits before making an offer. Being aware of their constraints will increase the likelihood of closing a deal.

    Saying your offer is “final” when it’s not

    If you offer something of value at a good price and tell them it’s “final” (which I personally don’t recommend as a sales tactic), then stand by it and mean it. Your word has to mean something. Once he realized his “final” price was not going to work, rather than lower it, he could have thrown in some additional valuable incentive, perhaps some amount of free service or some kind of special financing. If a “final offer” is presented, standing by it as your final word is essential. If adjustments are needed, they should include additional incentives or value to maintain trust and credibility.

    Sales is an art, no doubt about that. A great salesperson builds a relationship, asks questions and listens, understands the client’s pain points, is honest and transparent, and operates with integrity. Of course, strategies, techniques, incentives, and a lot of human emotion and psychology are at play, but all of them can happen successfully without losing your credibility.

    So, the overall moral of my story? Choose wisely before using the big red stamp!

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    Jason Foodman

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  • Mastering The Art of Negotiation Requires a Lesser-Known Approach

    Mastering The Art of Negotiation Requires a Lesser-Known Approach

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    Opinions expressed by Entrepreneur contributors are their own.

    So much has been written about successful (and unsuccessful) negotiation that certain universals are well established, and yet there are still other lesser-known essentials that I have learned over my 50-year career in real estate.

    Perhaps the number one universal is to look for a win-win in any negotiation. Both sides have to agree to the terms and both have to gain something as a result. Other negotiating skills are building a relationship, avoiding a combative position or approach and being mindful of timing.

    Other advice for successful negotiation includes reframing hard questions or ultimatums to lower the temperature, being tough when and if necessary and delaying acceptance. It is far too easy to derail a negotiation through bad timing, for example, taking something off the table too soon or offering something up too late.

    And then there are things I have discovered through countless negotiations that should genuinely give you a path to success.

    Related: 5 Steps to Master the Art of Negotiation

    My “go-tos” before beginning negotiations

    The most important thing for me is simply to know everything I can about the person sitting across from me. Everything. I want to know what sports they like, their career history, something about their families (spouses and children) and sometimes deeply personal facts. For example, does he or she have a spectacular business success or failure in their past?

    Most people do not spend anywhere near enough time understanding who they are negotiating with. I consider it essential. When negotiations start to slow down, you can often “breakthrough” their wall by talking about what is important to them.

    Knowing someone’s cultural background is also critical. Some cultures really do look for a win-win, but some other cultures consider it a failure unless they see the result as a win for them and a loss for the other side. Some cultures think bargaining is natural and expected. Obviously, you have to frame things differently depending on which type of negotiator you are dealing with.

    For example, you would not put your best and final offer out there when dealing with a bargainer until well along in the give-and-take of the process. They won’t feel successful without having bargained and you may have given ground unnecessarily.

    Besides knowing everything about the person, I want to know their “true needs” and I want to know them walking into the meeting. Are they looking to add to an enterprise, diversify, obtain something to break up or flip for a fast profit? If I know the answer to their true needs, I can usually walk away with a deal — one that is good for me, too.

    Emotions matter — a lot!

    Never discount the role of emotions in negotiation — and I don’t mean the emotions involved in doing battle. Remember the universal that you should not approach this as combat.

    Let me give you a real-life example. I once found out that the person I was going to negotiate with had lost a brother to suicide. It so happens that my brother committed suicide. This allowed us to connect in a very personal way, understanding the suffering we had endured and what it did to our parents.

    The bond we formed allowed us both to concede important points in order to get the deal done. We wanted to get it done for each other’s sake, as well as our own.

    Other emotions to be acutely aware of are trust (yes, that is an emotion in my book), anger (obviously) and self-doubt (second-guessing can be fatal to a negotiation). You want to create a setting that evokes the best emotions of the person you are dealing with to get to success.

    Related: 8 Negotiating Tactics Every Successful Entrepreneur Has Mastered

    Beyond business

    In addition to my real estate work, I am very involved in philanthropy, both my own and that of some very successful and very generous people whom I advise.

    After deciding which issues and causes to support, and ensuring that the organizations we support enjoy good reputations and track records, then comes the negotiation.

    The universals still apply — seeking a win-win, coming to mutually acceptable terms and being mindful of timing. But there are also unique aspects when negotiating major gifts.

    If you donate to build a school for children with special needs, for example, you want to negotiate a contract that will prohibit using the building for other purposes or selling the building. You want to negotiate terms and lock in provisions that your gift will only be used for your stated purpose.

    Do you want “naming rights” and what size donation does that entail? This, too, is a negotiation, not a predetermined equation. A donor name often has its own cachet and that has a value to factor into the negotiations.

    The core of every negotiation

    If you take away only one thing from my lessons, I hope it is this:

    When negotiating anything – business, philanthropy or even personal – you are negotiating with a person. Lose sight of that and you are unlikely to succeed. Be acutely mindful of that and, in my experience, you are likely to succeed. and that is why I want to know everything I can about anyone with whom I negotiate.

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    David Malcolm

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