North Carolina Price Escalation Addendum to Agreement of Sale

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US-03254BG
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Description

An addendum is a thing to be added; an addition. For example, it may be used to add supplemental terms or conditions to a contract or make corrections or supply omissions to a document. An addendum is often used to supply additional terms to standardized contracts, such as leases. Addendum is singular; the plural form is addenda.

The North Carolina Price Escalation Addendum to Agreement of Sale is a legal document that can be added to a real estate contract in North Carolina. This addendum is used when the buyer and seller agree to include a clause that allows for a price escalation if a competing offer with a higher price is received. In a competitive real estate market, multiple buyers may be interested in the same property, leading to bidding wars. The North Carolina Price Escalation Addendum provides a mechanism for buyers to submit an offer with an agreed-upon escalation clause, ensuring that their offer will automatically increase if another offer is received above their initial offering price, up to a maximum limit specified in the addendum. There are different types of the North Carolina Price Escalation Addendum, which can be tailored to meet specific needs and circumstances. Some common types include: 1. Fixed Increment Escalation: This type of addendum outlines a fixed amount by which the buyer's offer will increase in response to a higher competing offer. For example, if the buyer's initial offer is $300,000 and a competing offer of $310,000 is received, the buyer's offer will automatically increase by a predetermined increment, such as $2,000, to $312,000. 2. Percentage Escalation: Instead of using a fixed increment, this type of addendum specifies a percentage increase that will be added to the buyer's initial offer. For instance, if the buyer's initial offer is $400,000 and a competing offer of $420,000 is presented, the buyer's offer will automatically increase by a predetermined percentage, such as 2.5%, resulting in a new offer of $410,000. 3. Hybrid Escalation: This type of addendum combines both a fixed increment and a percentage escalation. For instance, the addendum can stipulate that the buyer's initial offer will increase by a certain amount, say $2,500, plus a percentage, such as 1.5%, if a competing offer is received. It's important to note that the North Carolina Price Escalation Addendum should clearly define the terms, conditions, and limitations of the escalation process. It should also outline any requirements for verifying competing offers and provide a specific timeframe for the original buyer to submit their highest and best offer. Real estate professionals and parties involved in a transaction should consult with a licensed attorney or real estate professional to ensure that the North Carolina Price Escalation Addendum is properly drafted and incorporated into the Agreement of Sale. Each situation may require different adjustments or modifications to best suit the specific needs and circumstances of the parties involved.

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FAQ

Florida Realtors has just released an official Escalation Addendum for use with the Florida real estate contract (either the FR/BAR, CRSP, commercial contract, or vacant land contract). An escalation addendum, or escalation clause, states that the offer price will automatically go up if certain conditions are met.

While an escalation clause can make an offer more attractive, it also shows the seller exactly how much you're willing to pay. You may come out with a better deal if you negotiate with the seller. The escalation clause also doesn't account for other points of negotiation.

An escalation clause is only triggered if there are competing offers, so you should not include an escalation clause in your purchase offer unless you and your real estate agent are confident that there will be multiple offers. The seller is not accepting escalation clauses.

What Is an Escalation Clause? In real estate, an escalation clause is a clause or addendum to a real estate contract that notes the buyer is willing to raise his or her offer price if the seller receives a higher competing offer.

How to Structure Your Escalation ClauseThe original purchase price offer.The increments by which the offer escalates (example: $5,000)The maximum purchase price - keep in mind your pre-approval letter, because the maximum price should not exceed this (or be prepared to make up the difference in cash)

Drawbacks of the Escalation Clause One of the main drawbacks to an escalation is that you give away your maximum number, explains Musau. It's essentially showing all your cards, and can drive the price of the home outside of your top number if there's another offer with a higher escalation.

And here's the REAL kicker 2026 in NC, we're discouraged from using escalation clauses, not only because of the pitfalls, but because of some very important legal language in our standard forms ALL OFFERS ARE CONFIDENTIAL TO THE AGENTS.

Generally, escalation clauses and offers are communicated between the buyer's REALTOR® and the seller's agent. 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.

How to Structure Your Escalation ClauseThe original purchase price offer.The increments by which the offer escalates (example: $5,000)The maximum purchase price - keep in mind your pre-approval letter, because the maximum price should not exceed this (or be prepared to make up the difference in cash)

And here's the REAL kicker 2026 in NC, we're discouraged from using escalation clauses, not only because of the pitfalls, but because of some very important legal language in our standard forms ALL OFFERS ARE CONFIDENTIAL TO THE AGENTS.

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North Carolina Price Escalation Addendum to Agreement of Sale