This form is a contract for a lease and a manadatory purchase of real estate. Seller demises and leases to purchaser and purchaser takes and rents from seller certain real property described in the form. Purchaser agrees not to use or permit the use of the property for an illegal purpose. An auction, fire or going out of business or bankruptcy sale, may not be conducted in the property without prior written consent of the seller.
Real Estate Offer With Escalation Clause In Illinois
State:
Multi-State
Control #:
US-00120
Format:
Word;
Rich Text
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FAQ
Many states, including Texas, California, Illinois, and Massachusetts, recognize escalation clauses as a matter of contract law.
Yes. Given that the enforceability of such a contract is not 100% assured, and given the potential pitfalls as discussed in the previous questions, the buyer should be advised to speak with their own legal counsel prior to making such an 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.”
The reason why sellers don't want escalation clauses is simple: It introduces the risk that they'll sell the house for less than what would be your best and final offer.
Escalation clauses in my area are very common and have been quite successful, but $1000 is pretty much the standard.