Escalation clauses should be avoided by both buyers and sellers. In tight real estate markets, buyers want to have their offer selected and sellers want to maximize sale price. Having the offer price automatically “escalate” seems like a winner for both parties, but there is no chicken dinner and many say only chicken...

What is an Escalation Clause?

An escalation clause is a stipulation inserted into a buyer’s offer to ensure it remains competitive. It's typically considered in highly competitive, multiple offer situations. It is not a guarantee; with or without an escalation clause, a seller is free to accept the offer they consider best. Sellers can (as many do) instruct the listing agent to notify buyers that escalation clauses will not be…

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In the very competitive Atlanta area market, some buyers are resorting to whatever means necessary to get homes under contract. The most frequent move is to simply try and outbid the competition; appeal to the seller’s bottom line and justify over paying by talking about the low rates and tight market. Others are getting creative with contracts, waiving certain contingencies and trying to appeal to sellers in other ways. The due diligence period, the most important safety net the home buyer has, is being modified and in some cases, eliminated. This is especially risky and many buyers don’t fully understand the pit falls they are exposed to. Below are three due diligence contract mistakes that can wreck home buyers. For additional clarity and…

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