A license holder who adds these terms to the contract in any manner, including drafting an escalation clause, is engaged in the unauthorized practice of law. It's a contract condition that allows you and the seller to increase your existing offer if another party bids higher.An escalation clause is a rider written into a purchase offer to assist an individual in beating out competing offers in real estate. An escalation clause is a provision in a contract that allows for a price adjustment if certain conditions change. If they say no escalation clauses and you add one you probably aren't getting the house unless yours is the best offer without the clause. Escalation clauses are a binding addendum to the offer your realtor is planning to submit. For instance, leases may increase the rent to keep up with expenses or inflation. Texas has not filling it out yet. What is an Escalation Clause in Real Estate? There may be instances where a client wants to add language to a real estate contract.