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Rainmaker
1,045,440
Dave Martin (703) 585-4687
Fairfax Realty - Fairfax, VA
Making Realty Dreams a Reality #WeWillGetYouHome

Our Escalation Clause in Northern Va area uses increments and up to such and such price over other offers.

Typically my advice to my Buyer Clients is to make the incremental increase between 1/2 and 1% of the LP above other offers, up to the maximum they are comfortable with offering (after we review recent comps and consider the current market conditions).

The reason I suggest this percentage incremental increase is that if the increase is too small above other offers top offer it may not be significant enough to make a difference to the sellers particularly because there maybe other beneficial terms offered by other would be buyers that this client can not offer. So the increment needs to make an impression on the offer. For example a $3000 dollar increase in the offer on a $300,000 property will have more influence on the offer than a $3000 increase on a $900,000 home would.

Jul 07, 2018 04:37 PM
Rainmaker
1,506,803
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I don't use escalation clauses with buyers.  I tell them to come in with their best foot forward.  There is too much room for abuse with an escalation clause and who wins if two offers have them for the same dollar amount (assuming all other items are equal)?

Jul 07, 2018 04:12 PM
Ambassador
5,062,995
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I don't use them. But you can bet I have a discussion with the buyers about the market conditions, their competition, and coming up with the strongest and cleanest offer we can from the beginning depending on their financials and what they are willing to do. We also talk about the possibility of appraisal issues.

Jul 07, 2018 04:29 PM
Ambassador
5,257,589
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

I use no increments - the clause reads, "up to ____" (one number). 

As to the variance, yes, it depends upon the price range AND the 'hotness factor' of the property.

All bidding wars are not created equally - you have to tailor your Offers, according to area, seller and price (as well as other factors)!

Jul 07, 2018 03:51 PM
Rainmaker
7,870,267
Roy Kelley
Retired - Gaithersburg, MD

I have not used them. Submit your best offer and move on if it is not accepted.

Jul 07, 2018 04:52 PM
Ambassador
3,350,439
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

I do not use escalation clauses. You've got some interesting comments here. 

Jul 07, 2018 04:52 PM
Ambassador
2,684,769
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  I neither use them nor recommend them.  Come in with your highest and best at the beginning.

Jul 07, 2018 04:51 PM
Rainmaker
519,324
Dan Tabit
Keller Williams Bellevue - Sammamish, WA

We discuss the options and will vary depending on the situation. I once lost a sale where we were the highest offer, but our escalation increment was only $1000.  The other offer had been out there a while and the seller felt obligated to them more than $1000.00 worth. It's the buyer's choice, we provide our experience and options. 

Jul 07, 2018 06:04 PM
Rainmaker
1,847,621
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

I guess it would depend on purchase price right? Normally I say $1000 over highest buyers purchase price. Would be kind of lame with a $1M property wouldn't it? 

Jul 07, 2018 05:16 PM
Rainmaker
1,325,789
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

I don’t use an escalation clause strategy. In fact, I think it is a very poor strategy. While it seems clever and different, it is really too clever. If I am presented with an escalation clause offer on my listing that contains a range up to which the buyer is willing to go…what amount do you think will be the automatic counter?

Jul 07, 2018 04:42 PM
Rainmaker
3,416,038
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

I do not like esculation clauses for my buyers, i can tell you as a listing agent, the buyer with one will most likely be paying their high amount and not inital offer. 

Jul 08, 2018 04:36 AM
Rainmaker
1,554,761
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

We only used to use those during the great appreciation market 2006-2011.

Haven’t been in a situation that requires it to be dusted off and brought back out as a viable method call and I never really felt 100% grade about them because you’re to some extent basing it on the integrity of the other agent

Jul 07, 2018 08:52 PM
Rainmaker
1,057,544
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

David's answer make sense to me if you're going to do it.
However, a really smart RE attorney (Colorado Florida and Connecticut) I know who is a no BS guy said don't mess with escalation clauses; you give away control and your clients will end up overpaying and/or regretting it.
Just tell your clients to take their best shot out of the gate!

Jul 07, 2018 08:46 PM
Rainmaker
716,908
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

This depends on our buyer. Often it is $1000 over the next best offer up to a limit of a certain figure.  However, we have had one recently accepted which had no top, but the final figure was subject to buyer's approval. It worked!

Jul 07, 2018 08:30 PM
Ambassador
6,424,232
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Ours is similar to Dave and Debe's

Jul 07, 2018 05:43 PM
Rainmaker
5,773,014
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

You have great answers here.  A

Jul 07, 2018 05:00 PM
Rainmaker
2,222,275
Anthony Acosta - ALLATLANTAcondos.com
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

I do not use escalation clause.

Jul 08, 2018 07:35 AM
Rainmaker
4,906,649
Richard Weeks
Dallas, TX
REALTOR®, Broker

In Texas we are not allowed to use "escalation clauses", I would recommend to my client that they see a real estate attorney.

Jul 08, 2018 06:03 AM
Rainer
87,920
Jeff Perlis Prime Properties
Prime Properties - Lake Arrowhead, CA
Experience Your Own Transformation!

If I do, I use only a specific amount and not something like ''500 over the highest offered price''. 

Jul 07, 2018 11:41 PM
Rainmaker
1,712,876
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Never did.

Jul 07, 2018 11:07 PM
Rainmaker
3,988,013
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I don't use them but had a buyer ask for one. Turned out we didn't need it as there were no other offers.

Jul 07, 2018 07:42 PM
Rainmaker
5,879,125
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I always have this discussion with the buyer, and stay within their comfort zone.  ALWAYS have a maximum price too.

Jul 11, 2018 06:34 AM
Rainmaker
3,986,308
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

 very seldom use one.  But I am not above calling my client and telling them what they need to be at

Jul 10, 2018 06:35 PM
Rainmaker
4,319,773
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

I usually recommend $1,000 increment.

Jul 08, 2018 09:52 PM
Rainmaker
4,181,261
John Pusa
Glendale, CA

Many good responses.

Jul 08, 2018 09:39 AM
Rainmaker
4,966,113
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

we go $1000 over the best offer but put a cap on it.

 

Jul 08, 2018 09:20 AM
Rainmaker
5,583,328
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

I think escalation clauses are a very slippery slope..... 

Jul 08, 2018 07:20 AM
Rainmaker
5,245,227
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Put your best foot forward and accept the fact you may not be the winner. Not a fan of bidding contests!

Jul 08, 2018 05:55 AM
Rainmaker
4,800,132
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I don't use escalation clauses very often.  Though, I assume I would recommend different increases for different properties and situations.

Jul 08, 2018 05:53 AM
Rainmaker
544,014
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

This isn't ebay. My seller will counter with the highest price on the buyer's escalation clause.

Jul 08, 2018 05:16 AM
Rainmaker
5,116,258
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I don't use escalation clauses. I've never figured out how they can really be enforced and validated. When you come in with one you are already telling seller you are ready to pay more. I recommend that buyers come in with their best offer upfront. If a highest and best bidding war ensues they still have the ability to up their offer or just stay where they are.

Jul 08, 2018 05:14 AM
Rainmaker
1,242,204
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

There are so many offers the seller is interested in a clean offer.  Esclation clause is discouraged. If countered back they want a finite number often way way over (say 50-300K over).

Jul 07, 2018 09:02 PM
Rainmaker
4,434,177
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

No.

Jul 07, 2018 05:33 PM