Escalation Clauses - A Home Buyer's Secret Weapon

body">home? Isn't this awfully open ended?"
Today we discuss escalation clauses because muchYes, it is. So let's fine tune the escalation clause idea a
of the country is experiencing an extreme "sellers'bit.
market." By that, I mean there are more buyers thanFirst, make the escalation offer such that it will
there are sellers, and that results in sellers' getting moreincrease the sellers' net proceeds (not gross
than one offer to buy their property. The seller can beproceeds) by $500, $1,000 or whatever. That way,
picky about the terms under which he is willing to sell.your price is not artificially increased by a higher offer
A potential buyer is apt to make one or more offersthat includes a provision for the sellers to pay some of
which are rejected before making a successful offer.the costs that are normally born by the buyer.
If you are a buyer, how do you increase the chancesSecondly, name an upper limit to which your offer can
that your offer will be the acceptable one?be carried. For example, your offer could state that
The obvious things a buyer can do is to have a strongyou will pay the sellers an amount that will increase
"pre-approval" lender letter, and make an offer that istheir net proceeds by $10,000 above any other
full price and is as "clean" (has as few contingencies)acceptable offer up to a total price of $1,500,000. That
as possible. Is there anything a buyer can do beyondputs a cap on how high you're willing to go.
that? You bet your bippy!Prior to making an offer like this, be sure to have a
Escalation Clausesconference with your lender to be sure you qualify for
A buyer who really wants to buy a property can dothe highest amount required by your offer. Obviously,
the above, plus add an "escalation clause." Anyou also need to be sure you know and can pay the
escalation clause simply states that the basic offer ismortgage payments on that amount. It's also a good
full price, but if the seller receives one or more otheridea to get a lender letter for this higher amount, so
offers at full price or higher before this offer isthat the sellers will be confident you can do what your
accepted, then this offer is increased by $500, $1,000,offer says you're willing to do.
$5,000 (or whatever figure you choose) above theThe third bit of fine tuning is to require that the seller
other acceptable offer. Of course, you choose theprovide you with a copy of the acceptable competing
amount of the incremental increase based on whatcontract as signed by the other potential buyer. Make
you think it'll take to get the sellers' attention given thesure the "buyer" isn't a relative of the seller! With the
original asking price of the home.written offer on hand, you can be sure everything is on
Now, I can hear you thinking, "That's all very well. I canthe up and up.
see where that'll get me the winning bid, but how do IIn this hot sellers market, escalation clauses can be the
make sure there really is another contract? Morekey to closing a deal on your dream home. If a seller is
importantly, how do I make sure I can afford themotivated by greed, you will have them dead to rights.