As real estate markets across the country heat up, competitive buying
situations and bidding wars are becoming the norm. In many cities, the
majority of new listings are receiving multiple offers. Real estate
inventory continues to be extremely low, and growing buyer demand seems
to be keeping pace with new homes coming on the market.
Home buyers in competitive situations are looking for any advantage
that might win them their dream home over a competitor’s offer.
Writing personalized home-buyer letters can create an emotional connection with sellers.
Showing a clear picture of financial strength, whether through a strong
pre-approval letter or proof of cash funding, can strengthen a buyer’s
image.
Often, though, it all comes down to the final price. What a buyer is
willing to pay for a home, versus a competing buyer’s offer, will be the
deciding factor for the vast majority of sellers. When you’re deciding
on what price to offer for a home, the situation may call for a single
price or, in some cases, an escalation clause.
What Is an Escalation Clause?
An escalation clause is a real estate contract, sometimes called an escalator, that lets a home buyer say “I will pay
x price for this home, but if the seller receives another offer that’s higher than mine, I’m willing to increase my offer to
y price.” In theory, an escalation clause is fairly simple. In practice, there are a lot of details involved.
How Does an Escalation Clause Work?
While escalation clauses vary significantly, the general escalation addendum has a few basic components:
- What is the original offer of purchase price?
- How much will that price be escalated above any other competitive bid?
- What is the maximum amount that the purchase price can reach in case of multiple offers?
For example, buyer Brown offers $100,000 for a home. Her Realtor adds
an escalation clause that, in the case of a higher competing offer,
will increase Brown’s offer in increments of $2,000 above the competing
offer. Her escalation clause goes up to a maximum of $110,000.
If no other offers are submitted, Brown’s offer remains at $100,000.
If buyer Green offers the seller $103,000, then Brown’s offer would
automatically escalate to $2,000 above that, bringing Brown’s offer to
$105,000. If buyer Orange offers $111,000 for the home, then Brown’s
maximum of $110,000 will be eclipsed, and Orange will have the top
offer.
Will the Seller Accept an Escalation Clause?
Some home sellers simply state that they will not accept an offer
with an escalation clause. They would prefer that every buyer submits
exactly what they’re willing to pay. Sellers sometimes prefer this
method because it motivates buyers to outbid one another on the first
try. It also streamlines the paperwork and the decision-making process.
Will There Definitely Be Multiple Offers?
Escalation clauses should only be used when the buyer is fairly
confident that there will be multiple offers, or when the buyer expects
to pay an escalated price. If a buyer submits an offer with an
escalation clause, they’re laying all their cards on the table: The
seller knows immediately how far the buyer will go to secure the home.
If that offer ends up being the only offer submitted, it technically
remains at its original price. A Realtor representing the seller will
know, however, to counteroffer to the buyer at a higher, escalated
price, since the buyer is clearly willing to pay more. While there’s no
guarantee that the buyer will agree to the higher price, it is likely
that they will. A buyer gives up a lot of negotiating power and
potentially leaves money on the table when using an escalation clause
that goes unmet by a competitor.
Has the Seller’s Agent Clearly Stated a One-Day Review or Multiple Rounds of Offers?
In hot markets, there’s a wide variety of offer-review processes.
Some state that the property is going on the market on Friday, and all
offers will be reviewed the following Thursday. The seller and their
Realtor will make a final decision that day. This situation can be ideal
for the escalation clause, when a buyer knows it’s an all-or-nothing
offer.
Other sellers take a back-and-forth approach. They may collect offers
from buyers for one week, and then respond to a handful of the best
offers by saying “Send us your highest and best offer.” This technique
is particularly disliked by many consumers and professionals for its
lack of clarity, but it’s important to know that it exists.
Before writing an offer, a buyer’s Realtor can inquire to feel out
the details and make sure the buyer is prepared for the situation.
Writing an escalation clause on the initial offer in a multistage
situation could put the buyer in a weak position during the second
round. It’s perfectly legal for a seller’s Realtor, with the seller’s
permission, to reveal to all potential buyers what the top initial offer
is and to ask everyone to beat it. In this case, the escalation clause
would flesh out that buyer’s maximum, and they would lose a competitive
edge.
Bid With Careful Confidence and Know That Each Situation Is Unique
If you’re considering an escalation clause, your Realtor is probably
knee-deep in researching the circumstances around the seller’s process
of reviewing offers. The Realtor’s knowledge of normal practices and
probable outcomes in your market will make your offer much more likely
to succeed.
Escalation clauses can cause a lot of stress for home buyers, but
when they’re boiled down to the basics, they’re fairly straightforward.
Remember to be realistic, to be comfortable with how much you’re willing
to offer, and to confidently go after a home at that price. Buyers
shouldn’t be tempted to escalate their purchase price above what they
are comfortable paying. At the same time, they should realize that
inventory and interest rates are low, and aggressively pursuing a good
home at a good price is necessary to winning in a competitive market.
Potential buyers who are only looking to get a steal often end up not
being buyers at all.
Sam DeBord is a Realtor® and managing broker at Coldwell Banker Danforth & Associates. Find him on SeattleHome.com.