1,055,061
Ok - I love this question. We had a fabulous lawyer who wrote most of our real estate law in Colorado. He, unfortunately, died in a plane crash. After he died I watched many of his videos, one of which was MYTHS that Realtors believe. He said:
. . . there's this myth that a Listing broker can't tell a subsequent Buyer's side what the current offer amounts are. Of course they can, they just have to ask their Seller if it's okay. But each of those Buyer's offers aren't confidential and you can't make them confidential. And if you're really helping that Seller, you should be turning to that Buyer and saying, 'I have three at this price, and if you can beat it, then you're gonna to be the one who wins.'
I now use this approach in multiple offer situations. I give them all the same information - The highest bid right now is $387,000 - $17,000 over asking price. Now bring us your highest and best. THAT way, no one is trying to hit the bull's eye but not knowing which wall the target is on. Not trying to guess if $10,000 will do it but willing to stay in the game. And, the ones who don't want to pay that much don't waste their efforts.
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Kathleen Daniels, Prob...
San Jose, CA
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Tony and Suzanne Marri...
Scottsdale, AZ
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Becca Rasmussen
Highlands Ranch, CO
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Inna Ivchenko
Encino, CA
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Pete Xavier
Pacific Palisades, CA
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Candice A. Donofrio
Fort Mohave, AZ
3,230,145
Pat, I don't think most agents in this area even have a clue about escalation clauses. Tried to use one a couple of years ago and just couldn't get the other side to get a grip on what it meant.
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Kathleen Daniels, Prob...
San Jose, CA
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Nina Hollander, Broker
Charlotte, NC
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Lisa Von Domek
Dallas, TX
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Mimi Foster
Colorado Springs, CO
2,707,826
Highest and best in my market.
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Kathleen Daniels, Prob...
San Jose, CA
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Diane Duffy
Duncanville, TX
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Nina Hollander, Broker
Charlotte, NC
3,988,144
Escalator Clauses are not used in my area. I am not sure most agent even understand them. Multiple offers use the highest and best.
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Kathleen Daniels, Prob...
San Jose, CA
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Nina Hollander, Broker
Charlotte, NC
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Lisa Von Domek
Dallas, TX
1,713,581
In Oklahoma there is no escalator clause.
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Kathleen Daniels, Prob...
San Jose, CA
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Nina Hollander, Broker
Charlotte, NC
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Lisa Von Domek
Dallas, TX
5,155,635
Our real estate commission does not allow us as agents to write an escalation clause.
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Nina Hollander, Broker
Charlotte, NC
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Lisa Von Domek
Dallas, TX
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Mimi Foster
Colorado Springs, CO
2,810,604
Hi Pat - We see both. On our listings where we're expecting multiple offers, we're requesting best and final and no escaltor clauses - less buyer (and agent) confusion.
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Kathleen Daniels, Prob...
San Jose, CA
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Nina Hollander, Broker
Charlotte, NC
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Pete Xavier
Pacific Palisades, CA
1,654,912
I do not write offers with Escalator Clause, and I never received any as a listing agent.
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Nina Hollander, Broker
Charlotte, NC
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Lisa Von Domek
Dallas, TX
1,513,143
They ask for highest and best and recently are seeing use of the escalator clause.
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Nina Hollander, Broker
Charlotte, NC
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Lisa Von Domek
Dallas, TX
1,012,238
Escalator Clauses are not used in my area and I doubt many agents even know what they are
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Jessie Cochran
Panama City, FL
2,538,789
Good morning Pat. I can count on one hand the number of purchase agreement I have ever seen with an escalation clause.
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Nina Hollander, Broker
Charlotte, NC
4,322,295
Patricia Kennedy not many agents try 'escalator clause'.
Many times the listing agents come back and ask for more even when escalator clause is in the offer - and they wanted the highest and the best on day 1.
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Nina Hollander, Broker
Charlotte, NC
5,190,832
I haven't hear much about escalator clauses. Usually it's best and final. But of course I don't see what other buyers are doing when offering
Mimi Foster 's comments are interesting regarding confidentiality. The COE addresses this, too
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Nina Hollander, Broker
Charlotte, NC
1,683,918
3,986,479
I have not seen an escalator clause this year yet
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Nina Hollander, Broker
Charlotte, NC
3,345,797
We see both competing on the same house.
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Nina Hollander, Broker
Charlotte, NC
1,044,724
Never seen an escalator clause, it usually goes back and forth to highest and best. But we are not seeing multiple offers except on lower priced homes. And certainly not all the time.
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Nina Hollander, Broker
Charlotte, NC
1,525,616
We are not in a market that is having many multiple offers now.
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Nina Hollander, Broker
Charlotte, NC
793,869
Best and final offer is the norm. I prefer to counter with a price though.
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Nina Hollander, Broker
Charlotte, NC
1,544,074
Escalators haven't been in use here in a long time. Maybe if the inventory gets tighter we'll see them again.
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Nina Hollander, Broker
Charlotte, NC
2,863,275
In my situations, first quick clean full price offer gets it
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Nina Hollander, Broker
Charlotte, NC
1,095,330
I've seen both happen. People are pulling out all the stops in our low inventory marketplace
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Nina Hollander, Broker
Charlotte, NC
1,873,068
They are told to bring in H&B by a certain time. Often times, they do not which makes me wonder their logic or the buyers logic. The market has not been busy enough to use the rabbit out of the hat 'escalator clause' yet.
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Nina Hollander, Broker
Charlotte, NC
6,739,338
5,254,031
I have written more Escalator Clause this year and even that is not working.
6,038,911
We are definitely seeing multiple offers, and some escalating clauses. The ones that are winning the bid are those paying over appraised value.
3,440,830
Escalator clauses were being used a lot about a year ago. I am seeing highest and best these days.
1,756,242
3,074,716
We have seen both on our listings, and used them when representing buyers
98,873
Escalation clauses are used here in CO. Everyone in my classes who mentions them suggests to not bother, go with highest and best, and, as Jon Goodman says (bold added):
"The smart seller, who seeks to avoid all of the uncertainties and complications of an escalation clause, may simply counter the offer from the buyer using the maximum price in the escalation offer as the fixed price in the counter proposal."
8,205,956
824,029
I have only seen one used once and thought it was a great idea! Evidently it hasn't taken off because I haven't seen one in years.
3,417,356
Typically highest and best. We do not see alot of esculation clauses and when i do, they are most often not written in the seller favor.
921,504
As listing agent, always require highest and best.
Then negotiate.
Escalators on a 250 house will counter at 7 figures, then the buyer agent figures it out.
Representing the buyer I have found escalater cluases useful but escalators are more useful at the mall.
4,771,672
Hi Pat -- we see both but typically the escalation clause is not used in the initial but in the case of a multiple counter offer.
5,360,610
To-date, I've not seen anyone use the "escalator clause" in my market. It always seems to be the "highest and best" route.
213,318
519,824
My broker & I wrote an escalator clause ourselves in the mid 2000's. Our MLS later prepared a more extensive version we all use. Occasionally some sellers, mostly banks won't accept them and just demand highest & best. I like them as often times, we can achieve a nice outcome where the offer we escalate off of is less than my buyers cap, so we aren't fully escalated, but we still win the bid.
3,219,217
231,279
i am a fan of the escalator clause..makes the seller realize there are two sides to every story