Negotiation

How to respond when a seller says, "my attorney advises against that"

When a seller states his or her attorney advises against something, it's typically a tactic to gain leverage or express hesitation without directly refusing. Your response should acknowledge his or her statement respectfully, then calmly reiterate the benefits of your offer and process, inviting his or her attorney to communicate directly with your legal counsel.

November 9, 2026 · 3 min read

Understanding the "attorney advises against that" statement

This statement is often a soft 'no' or a way for a seller to push back without taking full responsibility. He or she might genuinely be hesitant, or he or she could be testing your resolve and trying to get you to concede. It allows him or her to sound authoritative without needing deep knowledge himself or herself.

It's rarely a hard stop, especially early in the negotiation. See it as an opportunity to clarify, educate, and potentially involve your own legal counsel, rather than a definitive deal breaker.

Acknowledging his or her legal counsel respectfully

Always acknowledge his or her statement calmly and respectfully. You might say, "I understand your attorney has advised you on this." Do not sound dismissive or challenge the attorney's advice, even if you suspect it's a bluff. This maintains your professionalism.

Respecting his or her attorney also shows you respect his or her right to seek legal guidance. This can build trust, even in a contentious moment, and keeps the lines of communication open, which is critical for negotiation.

Reiterating the value and benefits of your offer

After acknowledging his or her statement, calmly reiterate the specific benefits of your offer that address his or her stated motivation. If he or she wants a fast close, emphasize the speed. If he or she wants to avoid repairs, highlight the "as-is" nature. Focus on what he or she stands to gain.

You might say, "Our cash offer is designed to be straightforward, offering a quick closing with no repairs or commissions for you. Is there a specific part of that your attorney is concerned about?" This invites him or her to provide more detail, moving past the general objection.

Inviting direct communication between attorneys

The most professional next step, if the seller continues to lean on his or her attorney's advice, is to suggest direct communication between your legal counsel and his or her attorney. You might say, "I'd be happy to have my attorney reach out to your attorney to discuss any concerns he or she might have. That way, they can resolve any legal points directly."

This elevates the discussion to the appropriate professional level and often diffuses the tension. It also tests the seller's claim; if he or she is bluffing, he or she might backpedal. If he or she is serious, a direct legal conversation can often clarify misunderstandings.

Clarifying the terms he or she is concerned about

Try to get him or her to specify what exactly his or her attorney advised against. Is it the assignment clause? The closing timeline? The price? The more specific you can get, the better you can address the actual issue.

"Could you share what specific concerns your attorney raised? Knowing that might help us understand if there's a misunderstanding we can clear up." This puts the ball back in his or her court to provide concrete details, rather than vague objections.

Maintaining a problem-solving stance

Throughout this interaction, maintain a helpful, problem-solving attitude. You are not arguing with his or her attorney; you are working with the seller to find a solution that meets his or her needs while addressing any legitimate concerns. Your calm demeanor is key.

Remember, this is a negotiation, and objections are part of the process. How you handle this specific objection can determine whether the deal moves forward or stalls. Stay professional, clarify, and offer solutions.

Questions people ask

Should I stop talking to the seller if he or she mentions an attorney?

No, not necessarily. You can continue to communicate with the seller, but be mindful of his or her statement. If he or she explicitly directs you to his or her attorney for all communication, then you should comply.

What if he or she insists I change my offer based on his or her attorney's advice?

Ask him or her to specify what changes his or her attorney recommended. Then, decide if those changes align with your investment criteria. You are not obligated to change your offer based solely on his or her attorney's advice.

Does this mean the deal is dead?

Not usually. It's often a negotiation tactic or a sign of genuine caution. By handling it professionally and offering to involve legal counsel, you can often keep the deal moving forward.