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Tactic #69 - We've Never Done That Before
Summary: Citing lack of precedent as a
reason for turning down a deal point.
When you cite a precedent, you use something that
has happened in the past to justify a current request, position, or
concession. Lawyers often cite precedents, using actual court cases to
support their positions. Reversing this tactic by saying, “There is no
precedent for that” or “We’ve Never Done That Before” in reference to a
deal point can be very effective.
Example
A hotel guest asks to extend his checkout until
2:00 PM. The guest- services person denies the request, saying, “I am
sorry for any inconvenience, but we never extend checkouts past 12:00
noon.”
Counter
The hotel guest could respond by Asking a
Closed-Ended Question, such as, “How much would it cost to stay an
additional two hours?” Or he could counter with a precedent by pointing
out, “Every time I have stayed with this hotel chain before, I have been
allowed a 2:00 PM checkout when I requested it.” As a last resort, he
could utilize the tactic of the Higher Authority, going over the guest-services person’s head and asking to speak to the manager.
This tactic is one of 101 strategies and tactics
featured in The Only Negotiating Guide You'll Ever Need, by Peter
Stark and Jane Flaherty.
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