Wisconsin Price Escalation Addendum to Agreement of Sale

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Multi-State
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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.

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FAQ

Real estate agents might be wary of escalation clauses due to their potential to complicate transactions. Agents prefer smooth negotiations that can serve all parties effectively. The introduction of an escalation clause can lead to misunderstandings and disputes, making it harder for agents to facilitate the deal.

A seller may reject an escalation clause for several reasons. They may believe that the initial offer is strong enough without needing to resort to escalations. Sometimes, sellers worry that an escalation clause could generate too much back-and-forth, slowing down the sale process they prefer to navigate more simply.

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!

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)

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.

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)

When should I use an escalation clause? You want to stand out. Including an escalation clause in your offer indicates to the seller that you are serious about buying the home, which can help your offer stand out when there are multiple interested buyers. You want to streamline the bidding process.

Under Wis. Admin. Code § REEB 24.12(1), a licensee may not disclose any of the terms of one prospective buyer's offer to purchase 2026 to any other prospective buyer or to any person with the intent that this information be disclosed to any other prospective buyer. There are two offers, each with an escalation clause.

Instead, a seller could reject the escalation clause and ask for the highest offer. Sellers who accept escalation clauses can no longer issue counteroffers to other buyers. Because buyers might not be putting in their highest offer with an escalation clause, sellers may reject it right away.

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Wisconsin Price Escalation Addendum to Agreement of Sale