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Escalation Clauses A Home Buyer s Secret Weapon



T


oday we discuss escalation      A buyer who really wants to buy a 
clauses because much of the     property can do the above, plus   
country is experiencing an      add an "escalation clause." An    
extreme "sellers' market." By         escalation clause simply states   
that, I mean there are more           that the basic offer is full      
buyers than there are sellers,        price, but if the seller receives 
and that results in sellers'          one or more other offers at full  
getting more than one offer to        price or higher before this offer 
buy their property. The seller        is accepted, then this offer is   
can be picky about the terms          increased by $500, $1,000, $5,000 
under which he is willing to          (or whatever figure you choose)   
sell. A potential buyer is apt to     above the other acceptable offer. 
make one or more offers which are     Of course, you choose the amount  
rejected before making a              of the incremental increase based 
successful offer. If you are a        on what you think it'll take to   
buyer, how do you increase the        get the sellers' attention given  
chances that your offer will be       the original asking price of the  
the acceptable one?                   home.                             
                                                                        
The obvious things a buyer can do     Now, I can hear you thinking,     
is to have a strong                   "That's all very well. I can see  
"pre-approval" lender letter, and     where that'll get me the winning  
make an offer that is full price      bid, but how do I make sure there 
and is as "clean" (has as few         really is another contract? More  
contingencies) as possible. Is        importantly, how do I make sure I 
there anything a buyer can do         can afford the home? Isn't this   
beyond that? You bet your bippy!      awfully open ended?"              
                                                                        
Escalation Clauses                    Yes, it is. So let's fine tune    
                                      the escalation clause idea a bit. 



                                      amount required by your offer.    
                                      Obviously, you also need to be    
First, make the escalation offer      sure you know and can pay the     
such that it will increase the        mortgage payments on that amount. 
sellers' net proceeds (not gross      It's also a good idea to get a    
proceeds) by $500, $1,000 or          lender letter for this higher     
whatever. That way, your price is     amount, so that the sellers will  
not artificially increased by a       be confident you can do what your 
higher offer that includes a          offer says you're willing to do.  
provision for the sellers to pay                                        
some of the costs that are            The third bit of fine tuning is   
normally born by the buyer.           to require that the seller        
                                      provide you with a copy of the    
Secondly, name an upper limit to      acceptable competing contract as  
which your offer can be carried.      signed by the other potential     
For example, your offer could         buyer. Make sure the "buyer"      
state that you will pay the           isn't a relative of the seller!   
sellers an amount that will           With the written offer on hand,   
increase their net proceeds by        you can be sure everything is on  
$10,000 above any other               the up and up.                    
acceptable offer up to a total                                          
price of $1,500,000. That puts a      In this hot sellers market,       
cap on how high you're willing to     escalation clauses can be the key 
go.                                   to closing a deal on your dream   
                                      home. If a seller is motivated by 
Prior to making an offer like         greed, you will have them dead to 
this, be sure to have a               rights.                           
conference with your lender to be     

                              
sure you qualify for the highest      






About the Author:

Raynor James is with http://www.fsboamerica.org - FSBO homes for sale by owner. Visit our "sell my home" page at http://www.fsboamerica.org/seller.cfm to sell your home yourself with a free 1 month listing.

Source: www.isnare.com


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