Leaving aside the issue of privacy, let's explore the bigger problem
with escalation clauses which is that they make the risks of the blind auction, which already features perverse incentives that may tempt an unethical agent to cheat, even stronger - to phantom offers, RECO has just added the heightened risk of phantom prices.
There are a number of problems
with escalation clauses.
Despite this, RECO provides detailed advice on how agents should handle offers
with escalation clauses without specifically telling the competing buyer the price of the top offer.
In my opinion, an unsuccessful buyer in a bidding war could bring a lawsuit against a seller or brokerage who comply
with an escalation clause, stating that they only put in their bid on the understanding that their bid price would remain confidential.
With so few homes on the market — as evidenced by a 13 - year low inventory of existing home listings and a 50 - year low for newly constructed home inventory — buyers are increasingly forced to bid
with an escalation clause in hopes of winning a home.
It might have been higher, but a seller who accepts a contract
with an escalation clause will never know how much higher such a buyer might bid.
Not exact matches
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.
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.
What happens when there are more than two offers on a property, all
with these Casino Royale
escalation clauses contained therein?
One buyer offers $ 600,000 and a second one offers $ 550,000
with a $ 2,000
escalation clause.
Escalation clause - A
clause in a contract providing for increases or decreases in rent payments in accordance
with fluctuations of certain direct costs or expenses of the landlord.
Escalation clauses are an advanced real estate strategy and many real estate agents are not familiar
with them.
@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.
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.
June 01, 2017 «Fraught
with challenge»: Toronto realtors raise concerns over
escalation clauses in bidding wars Globe and Mail