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What is and Escalation Clause?

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Orson Hill Realty
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What is an Escalation Clause in Real Estate?

Let’s start out with the definition of an escalation clause. An escalation clause is an amazing tool that really does benefit both parties. It is a clause that is put in additional provisions. It basically states if there are multiple offers the buyer will “escalate” their offer at a specific value above the closest competing offer. In other words the escalation purchase price starts at $800,000. The biggest and most important part is the cap. So you then say the cap will be $900,000. That is the maximum amount the buyer will pay.

Orson Hill Realty
30792 Southview Drive #110
Evergreen, CO 80439
303-835-9895


   
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Orson Hill Realty
(@orson_hill_realty)
Member Admin
Joined: 6 years ago
Posts: 473
Topic starter  

How Does an Escalation Clause Benefit the Seller?

How does the escalation clause benefit the seller? Well it’s simple. The seller now gets $860,000 for property instead of $850,000. It is understandable that a seller wants to get as much money for their home as they can get. There is a few problems with going too high over list and starting a bidding war. The obvious problem is the majority of home buyers are still getting a loan. If the buyer does not want to waive appraisal and pay the “appraisal gap” you run the risk of the home not appraising so this always keeps sellers in check.

Orson Hill Realty
30792 Southview Drive #110
Evergreen, CO 80439
303-835-9895


   
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Orson Hill Realty
(@orson_hill_realty)
Member Admin
Joined: 6 years ago
Posts: 473
Topic starter  

Posted by: @orson_hill_realty

What is an Escalation Clause in Real Estate?

Let’s start out with the definition of an escalation clause. An escalation clause is an amazing tool that really does benefit both parties. It is a clause that is put in additional provisions. It basically states if there are multiple offers the buyer will “escalate” their offer at a specific value above the closest competing offer. In other words the escalation purchase price starts at $800,000. The biggest and most important part is the cap. So you then say the cap will be $900,000. That is the maximum amount the buyer will pay.

This means that if a competing offer comes in at $850,000, the escalation clause will automatically increase the buyer’s offer to $860,000. If another offer comes in at $875,000, the buyer’s offer will automatically be increased to $876,000. This way, the buyer can be sure they are making the highest offer possible without overpaying.

Escalation clauses are commonly used in highly competitive markets where multiple buyers are bidding on the same property. They help to streamline the negotiation process and give the buyer a competitive advantage over other offers. They also reassure the seller that they are getting the best possible price for their property.

However, it is important to note that there are risks involved with escalation clauses. For example, if the buyer cannot afford to pay the maximum amount stated in the cap, they may have to back out of the deal. Additionally, if the buyer’s escalation offer is accepted, they may end up paying more than they initially intended to.

It is important for buyers to carefully consider the risks and benefits of an escalation clause before including it in their offer. They should also consult with their real estate agent and attorney to make sure they understand all aspects of the clause and its potential effects on the transaction.

 

Orson Hill Realty
30792 Southview Drive #110
Evergreen, CO 80439
303-835-9895


   
ReplyQuote
Orson Hill Realty
(@orson_hill_realty)
Member Admin
Joined: 6 years ago
Posts: 473
Topic starter  

Posted by: @orson_hill_realty

How Does an Escalation Clause Benefit the Seller?

How does the escalation clause benefit the seller? Well it’s simple. The seller now gets $860,000 for property instead of $850,000. It is understandable that a seller wants to get as much money for their home as they can get. There is a few problems with going too high over list and starting a bidding war. The obvious problem is the majority of home buyers are still getting a loan. If the buyer does not want to waive appraisal and pay the “appraisal gap” you run the risk of the home not appraising so this always keeps sellers in check.

However, with an escalation clause, the buyer agrees to increase their offer by a certain amount over any competing offer, up to a specified maximum amount. This means that the seller not only gets the original offer but also potentially receives more money from the buyer who is willing to offer more to beat out any competition. This can be an attractive option for the seller, as they are not only guaranteed a certain amount for their property but also have the potential to make even more money if there is competition. Additionally, this can save time and effort for the seller, as they don’t have to go back and forth with potential buyers and negotiate offers. Overall, an escalation clause can be a win-win situation for both the buyer and the seller, as it helps expedite the buying and selling process while also ensuring that the seller gets the best price for their home.

 

Orson Hill Realty
30792 Southview Drive #110
Evergreen, CO 80439
303-835-9895


   
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