26 Jun 2020

What Is An Escalation Clause In Real Estate?


An escalation clause in real estate, has actually existed for quite some time but is not commonly used in Brevard County. It is an additional  clause that can be included in a purchase offer that informs a seller that a buyer is willing to beat out competing offers.

Here are some tips if you are the buyer/buyers agent:*You should only use one when you are in a multiple offer situation.*It is up to the seller if they want to accept and/or consider it.*How much is enough, is $1,000 more than the highest offer enough or is       $3000 better.* How will it effect your buyers loan?  Don’t escalate outside the pre-approval zone.*How high is the buyer willing to go and will the property appraise and will this put your offer at a disadvantage?*How will the list agent or seller view it and might this put your buyer at a disadvantage.*Make sure you ask for proof of the highest offer
What does a well written escalation clause look like?:
In the event of multiple competing offers, the buyers will offer $_____ over the highest offer’s net up to a purchase price of $________.  In the event of an escalation, seller is to provide the buyer with proof of competing offer (contract), along with proof of funds/ pre-approval with personal information blacked out.  Seller represents and warrants that competing offers are true and valid offers. 
 (If the buyer is willing to go up to any price because they are paying cash, then you could leave out the part about up to a purchase price of $_____)

Of course if you have any questions, feel free to reach out to me for assistance!

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