Escalation Clauses Should be Avoided
Posted by Hank Miller on
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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