Escalation Clauses: A Little-Known Bidding-War Strategy

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https://www.google.com/search?q=Escalation+Clauses%3A+A+Little-Known+Bidding-War+Strategy&rlz=1C1GCEA_enUS744US744&oq=Escalation+Clauses%3A+A+Little-Known+Bidding-War+Strategy&aqs=chrome..69i57j69i60l2.615j0j7&sourceid=chrome&ie=UTF-8
 
I don't see how this would work, the seller can just counter saying they want the highest escalation price and if not will move on to the next offer.
 
Yeah, I've tried that a few times and both times the seller came back and wanted a number.  Just image if you have 2 buyers using the same language.  haha
 
Curious ? How about tiering the broker commission ?higher % for a higher sale price (based on tiers ) if you are a selller ? have you seen that strategy being used much or not really  ?
 
fortune11 said:
Curious ? How about tiering the broker commission ?higher % for a higher sale price (based on tiers ) if you are a selller ? have you seen that strategy being used much or not really  ?

I've never seen that and an interesting strategy.  You'd have to outline it in the agent to agent comments to help the less sharp agents to understand how it works though.
 
I'm not sure how that would be structured to guarantee to benefit the seller.  It would either not add up to much more of an incentive, or it might actually be punitive.
 
It's the "verifiable" higher offer that's never going to make escalation clauses work as intended. Realtors can't pass along another buyers offer to a different Realtor unless they have stratospheric E/O Insurance to cover the inevitable lawsuit costs. These disclosure issues alone are a litigators gold mine. Anyway, let's say it did happen, buyer A got a copy of buyer B's offer -  what are the odds that the higher offer is fake? Better than 10 out of 9 IMHO.

The "ZH" take on this:[url]https://www.zerohedge.com/news/2018-02-18/automatic-bidding-becoming-increasingly-common-hottest-housing-markets[/url]

My .02c
 
Soylent Green Is People said:
Realtors can't pass along another buyers offer to a different Realtor

Why not?

You are right that it can be a fake offer but that is why you have a limit.  In theory, the limit is what you are ready to offer and your hope is that you get it for less than that which is what has happened for me. 

 
rkp said:
Soylent Green Is People said:
Realtors can't pass along another buyers offer to a different Realtor

Why not?

You are right that it can be a fake offer but that is why you have a limit.  In theory, the limit is what you are ready to offer and your hope is that you get it for less than that which is what has happened for me. 
From CAR form PRBS (POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER
OR SELLER - DISCLOSURE AND CONSENT)

"Offers not necessarily confidential: Buyer is advised that seller or listing agent may disclose the existence, terms, or conditions of buyer's offer unless all parties and their agent have signed a written confidentiality agreement. Whether any such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice in the real estate community, the listing agent's marketing strategy and the instructions of the seller."

As a listing agent, I do employ this tactic when multiple offers are present (with seller's permission) and am perfectly fine with sharing terms and pricing of other existing offers. It has been well-received by sellers with higher net sales, and buyers in knowing what they're up against rather than just being blindsided with a "We've moved forward with another group" message when you've put in a full-priced, clean offer, with no further explanation or chance to improve your position.

The listing agent has an obligation to BOTH parties to be honest in all dealings.
Of course there are some out there that are willing to risk their license and livelihood over a few dollars on a single transaction, but it's a high-risk, low-reward venture.

This integrity factor is one of the many reasons that who you choose to work with matters.
Hope this helps,
-IR2
 
I stand rightly corrected. The better word IMHO was "shouldn't", not "cannot".

IR2 is 1000% correct. This practice of information sharing, while legal, is dependent upon the integrity (key word) of the realtor. The bar on this issue is so low, and after countless experiences encountered during the past 3 decades in the biz, only a handful of Realtors have demonstrated a track record of dealing in a fair manner with all parties in multiple offer situations.

The opportunity for mischief within the chain of sale is so rife within the industry, I wish sometimes these practices (info sharing/dual agency/ et al) were better regulated and enforced for the betterment of all concerned. This naturally is a topic better suited for another thread...

My .02c
 
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