Despite the inflated prices, homebuyers today often find themselves in aggressive bidding wars, and many are
using escalation clauses with their bids, agreeing to pay a specific amount over the highest bid, up to a certain price.
Here RECO says that you can not disclose any part of the other offer to the buyer who wins
using an escalation clause.
Because every transaction is different, we recommend that your buyer clients carefully consider the advantages and disadvantages of
using an escalation clause, and to always consult with an attorney before including one in an offer.
Your buyer should consider a few things before
using an escalation clause in their offer.
Not exact matches
The question is whether
escalation clauses are permitted in an Ontario bidding war where agents are being
used.
Unfortunately, unless RECO acts to prohibit the
use of
escalation clauses, no one submitting a purchase offer can be confident that the price in the offer will remain confidential and not be
used against them.
The Ontario Real Estate Association (OREA), which represents 70,000 real estate agents and brokers in Ontario, has become involved in a public spat with the real estate industry regulator over the
use of a controversial provision in purchase agreements known as an
escalation clause.
The RECO newsletter notes that the
use of an
escalation clause could violate a provision in the industry Code of Ethics, which prohibits agents from disclosing the price and contents of competing offers.
@Christy Holt You can try mentioning to your Realtor to
use an «
escalation clause» in your offer which strengthens your offer against another offer with same price.