Washington Price Escalation Addendum to Agreement of Sale

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Multi-State
Control #:
US-03254BG
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Word; 
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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 Washington Price Escalation Addendum to the Agreement of Sale is a legal document used in real estate transactions in the state of Washington. This addendum is designed to protect both buyers and sellers from unexpected price increases that may occur during the home-buying process. It outlines the specific terms and conditions under which the sale price of the property can be adjusted based on market fluctuations. There are several types of Price Escalation Addendums commonly used in Washington state: 1. Fixed Percentage Increments: This type of addendum allows for a predetermined percentage increase in the sale price for each competing offer that the seller receives. For example, the addendum may state that for every 1% increase in a competing offer, the buyer is willing to increase their offer by the same percentage. 2. Fixed Dollar Amount Increments: Similar to the fixed percentage increments, this addendum allows for a predetermined dollar amount increase in the sale price for each competing offer. For instance, the addendum may specify that the buyer is willing to increase their offer by $1,000 for every additional offer received. 3. Appraisal-Based Adjustment: This type of addendum takes into consideration the appraised value of the property. If the appraised value comes in higher than the agreed-upon sale price, the addendum allows for an adjustment to match the appraised value. This protects buyers from potentially overpaying for a property. 4. Time-Based Adjustment: In some cases, the addendum may specify that the sale price can be adjusted based on the length of time it takes for the transaction to close. If the closing date is significantly delayed, the addendum allows for a price adjustment to account for any changes in the market during the extended period. The Washington Price Escalation Addendum to the Agreement of Sale is an essential tool for both buyers and sellers in ensuring a fair and transparent transaction. It provides a framework for price adjustments based on market conditions or competing offers, protecting the interests of both parties involved. When utilizing this addendum, it is crucial to consult with a professional real estate attorney or agent to ensure compliance with Washington state laws and regulations.

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FAQ

Escalation clauses are not void per se. However, one which grants the creditor an unbridled right to adjust the interest independently and upwardly, completely depriving the debtor of the right to assent to an important modification in the agreement is void.

Can Sellers Refuse an Escalation Clause? A good listing agent with a high demand property will likely announce that they will not accept offers that include an escalation clause.

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)

Per our NWMLS Escalation Addendum, a buyer who is contingent upon listing and selling their home cannot use the escalation form. However, a buyer who is contingent upon closing on their home (they already have a buyer and are under contract), they can use the escalation clause.

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)

An escalation addendum is a specific form added to an offer, that speaks for you, the Buyer, and it says to the Seller, We're offering X price on your house. We'd like to buy it for that initial offer price of X2026 BUT2026 if another buyer should happen to also offer X, or more, we'll BEAT THAT OFFER!

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.

Can a Seller Lie About Competing Offers? Something you might be worried about is a seller trying to get you up to your max bid by lying about what other buyers have offered. You can rest assured that this is not a possibility, as long as your escalation clause is properly written.

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.

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.

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Washington Price Escalation Addendum to Agreement of Sale