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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 you write an escalation clause and waive your appraisal contingency, you're saying that you see the value in a home and you're willing to pay for it whether or not the bank sees the same value.
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.
Whether you're able to back out of an escalation clause really depends on the extenuating circumstances and the details of your contract. For instance, if certain contingencies in your contract weren't met, you may have a case for backing out of the agreement.
An escalation clause, or escalator, is a section in a real estate contract that states that a prospective buyer is willing to raise their offer on a home should the seller receive a higher competing offer.
Here is an example of a real estate escalation clause. Buyer offers to pay $ for the home, but if the seller receives a bona fide offer that is higher, buyer will increase the price to $ above the amount of the other offer. This is a very strong option for writing winning offers!
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.