Real Estate Escalation Clause Form In Houston
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
Yes, escalation clauses are legal in Texas, but they must be drafted by a licensed attorney. The Texas Real Estate Commission (TREC) prohibits agents from drafting these clauses as part of real estate contracts.
Make an offer to the seller that includes the escalation clause addendum, spelling out the original offer, with the escalation document attached. The seller will provide evidence of potential competing offers. The buyer will receive the courtesy call and may increase their offer using the escalation clause.
To add, yes, escalation clauses are highly advisable. I use them for almost every single house my buyer is going to write an offer on and we know for certain there will be other offers. The escalation clause in itself is very favorable to buyers and protects them in more ways than one.
The reason why sellers don't want escalation clauses is simple: It introduces the risk that they'll sell the house for less than what would be your best and final offer.
Including an escalation clause may put you at risk for paying more than what the property was appraised for. Just because someone else is making a higher offer doesn't necessarily mean the home is worth that amount.
However, buyers need to be careful with these clauses as they can sometimes backfire. “An escalation clause needs to be in conjunction with a really good offer,” said Madani of Room Real Estate. “It's really the whole package to get your offer accepted.”
Yes. Given that the enforceability of such a contract is not 100% assured, and given the potential pitfalls as discussed in the previous questions, the buyer should be advised to speak with their own legal counsel prior to making such an offer.
Many states, including Texas, California, Illinois, and Massachusetts, recognize escalation clauses as a matter of contract law.
