Indiana 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.

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FAQ

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.

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.

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.

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)

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.

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.

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 language written into a purchase offer that automatically increases your purchase price by a certain amount above competing offers, until the offer reaches the maximum price you are willing to pay for the home.

Escalation amount. This is the amount by which your purchase price will increase above the competing offers. For example, if your escalation amount is $3,000 and the competing offer was $300,000, the escalation clause would automatically increase your offer to $303,000.

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Indiana Price Escalation Addendum to Agreement of Sale