Bidding higher is the best way to beat an existing offer with an escalation clause. In most cases, the seller's agent won't and can't reveal the highest offer in an escalation clause, so you may have to guess.
An escalation clause is triggered when the seller has proof of a bona fide offer from another buyer. This means that the offer is legitimate and enforceable. Essentially, a seller cannot make up another offer.
However, buyers need to be careful with these clauses as they can sometimes backfire. “An escalation clause needs to be in conjunction with a really good offer,” said Madani of Room Real Estate. “It's really the whole package to get your offer accepted.”
Many states, including Texas, California, Illinois, and Massachusetts, recognize escalation clauses as a matter of contract law.
Examples of Escalation Clauses For informational purposes only. Always consult with an attorney or legal consultants before proceeding with any real estate transaction. Example 1: “In the event that a competing offer is made, the buyer agrees to increase their offer by $5,000 within 24 hours.”
How can you effectively develop and implement an escalation resolution plan? Define the scope and criteria. Identify the escalation roles and responsibilities. Establish the escalation levels and paths. Communicate and train the escalation resolution plan. Monitor and evaluate the escalation resolution plan.