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Escalation Clauses on the Seller's Side There is no right or wrong answer here you can either accept the offer the way it is with the escalation clause the way it is, because now you can tell your sellers to counter with No, we want to go to $210, 000 and that's it.
For buyers, escalation clauses are a useful tool to make their offer stand out in a competitive market. For sellers, they can be a great way to lock in a higher sale price.
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.
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.
Make asking, over asking, or escalating offersAn escalation clause is a Pennsylvania Association of Realtors approved tactic. This document allows your offer price to exceed a similar competing offer by an amount you choose up to a cap you set.
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.
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)
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 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.
Escalation Clause Example For example, you may offer $300,000 on a home with an escalation clause stating that you will outbid other offers by $5,000 up to $321,000. So if another buyer makes an offer of $305,000, your escalation clause means that you will pay $310,000 for the home.