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Escalation clauses can be beneficial, especially in a seller's market. If homes are selling fast, you'll want something that can help your offer stand out in a competitive market and let sellers know you mean business. Therefore, the best time to use an escalation clause would be during a bidding war scenario.
An escalation clause is a real estate contract, sometimes called an escalator, that lets a home buyer say: I will pay x price for this home, but if the seller receives another offer that's higher than mine, I'm willing to increase my offer to y price.
Here is an example of a real estate escalation clause. Buyer offers to pay $ for the home, but if the seller receives a bona fide offer that is higher, buyer will increase the price to $ above the amount of the other offer. This is a very strong option for writing winning offers!
Your real estate escalation clause should indicate:The 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)
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)
Using an escalation clause might give you an edge; or, it might just be table stakes. On the other hand, an escalation clause would be a bad idea if you can't cover the difference between your pre-qualified loan amount and the escalation price.
It involves raising awareness of the context to the right people in order to resolve a challenging situation. Typically, escalation occurs when there is an issue that the current staff working on the problem can't resolve and requires assistance from those with more authority and resources.
Re-listing for a higher price may lead potential buyers to raise their offers a commensurate amount. Accepting an offer with an escalation clause binds the seller to that offer. That's not always the best option, so it's important to think through the entire situation before accepting an escalation clause.
Instead of accepting the offer with an escalation clause, the seller could reject the offer and suggest a counter offer at or above the escalation clause's maximum price. The cap information in an escalation provision could jeopardize the buyer's bargaining position with the owner.
After all, by using an escalation clause, a buyer is telling a seller how high the buyer is willing to go. A seller can use this to negotiate a higher amount, regardless of whether other offers are submitted.