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How To Win Your Bid For Home Buyers in a Sellers Market

By
Real Estate Agent with Coldwell Banker 475.140531

I think that more areas in the country are Sellers markets today. The term "Seller's Market" is a Home Sweet Homepoint when the inventory of property or certain ranges of price or areas become scarce. Supply and demand means that there are more buyers and not enough property to meet their demands. 

We all see sad stories about showing your buyer client home after home that they lose to people who acted faster or paid more. I have been the Realtor who had to tell disappointed buyer clients of mine bad news regarding a lost deal one time too many.

I had heard of the Escalation Clause before but never used it or been in a transaction with this line written in a contract until recently. I want to share this information with people and maybe save some frustration. You still have to act quickly but you may get the home you want.

I put a property on the market last week and priced it to sell. The comparative property was looked at very closely and a decision was made to set the price at a competitive level. The response was overwhelming.

The house I am talking about that I listed for my seller client had over 30 showings in a period of 36 hours and the appointments started flooding in 5 minutes after the house went on the Multiple Listing Service (MLS). From all the people who looked at this home came 9 contracts. They ranged from way under what the price was to quite a bit more than the list price but some had not so great financing. I am talking about low amounts of earnest money and 95% financing. That can be scary for a seller.

The people who got the winning offer did a couple of things that caused my seller to choose their offer. The most important thing was one line that said "$1500 over the highest bid up to "X" amount". They had a good down payment and an amount or earnest money that made you believe they were serious.

Think about using an escalation clause the next time you are trying to get a home for your buyer clients and you know you will not be the only one interested. Please feel free to ask some non specific questions about how this went down and I will answer. This will be my approach the next time I have serious buyers who do not want to lose a house they wrote an offer on.

Comments(45)

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Tim Maitski
Atlanta Communities Real Estate Brokerage - Atlanta, GA
Truth, Excellence and a Good Deal

The thing that messes things up is if you get two offers both with escalation clauses that don't have maximum limits.

I found that it's also very smart to not have an appraisal contingency in your offer.  A high price doesn't matter if it is contingent on appraising and then it doesn't.

Aug 11, 2016 08:47 AM
Margaret Goss
@Properties - Winnetka, IL
Chicago's North Shore & Winnetka Real Estate

If the buyer is willing, I would try it.  Unfortunatley, I haven't seen a multiple offer in a while . . .

Aug 11, 2016 09:23 AM
Melissa Spittel
Coldwell Banker Residential Brokerage - Westminster, MD
"Achieving Results Together "

I know escalation clauses exist but have never included one in an offer. Thanks for sharing your experience. I might have to suggest it to future buyers

Aug 11, 2016 11:30 AM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

A weak offer will very bid for a nice home nowdays. seldom win you a

Aug 11, 2016 12:16 PM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Noah 

Thanks for sharing your insight on how to win your bid for a home buyer.

Good luck and success.

Lou Ludwig

Aug 11, 2016 12:19 PM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Noah

Congratulations on the feature for an outstanding home.

Good luck and success.

Lou Ludwig

Aug 11, 2016 12:21 PM
Noah Seidenberg

Thank you Lou Ludwig 

Aug 11, 2016 12:22 PM
Melissa Jackson REALTOR
Trinity Premier Properties - Azle, TX
Helping You Make The Right Move

Noah Seidenberg This is an idea I have not heard of.. I will definitely look into using this if the need arises.

Aug 11, 2016 12:28 PM
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

Thanks for the great comments friends.

Aug 11, 2016 12:39 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

We have been using this for decades Noah Seidenberg though until this year for a while it was "on the shelf" not it is used with almost every offer.

Aug 11, 2016 05:35 PM
CA COASTAL ESTATES Lauren Selinsky Perez CRS
California Coastal Estates - Aliso Viejo, CA
"Your Real Estate Broker" #oclauren

Haven't had that in a while myself. Great details on the prices of your transaction.

ls

Aug 11, 2016 05:49 PM
Terry McCarley
Coastal Real Estate - Cape Coral FL - Cape Coral, FL
REALTOR, SRES, CDPE - Cape Coral, FL

I have never tried this approach before but with our current market conditions it seems like an excellent idea!

Aug 11, 2016 08:49 PM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Noah Seidenberg,

We have used this clause before and just got told by the Texas Real Estate Commission this was illegal in Texas! Each state is different but our Broker is adamant about us not using this language in our contracts since TREC came out with its ruling.

Aug 11, 2016 09:04 PM
Sham Reddy CRS
Howard Hanna RE Services, Dayton, OH - Dayton, OH
CRS

I don't see that working in our market.  That's unfair advantage that ties the hands of the listing agent losing their freedom to go for highest and the best!!!

Aug 11, 2016 09:32 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Two things came to mind as I read this decent posting: First, we are pricing first time buyers (young people) out of the market & climbing. Second, if there were more homes for sale, the demand would weaken thus lowering the costs

Aug 11, 2016 11:47 PM
Noah Seidenberg

True Richie Alan Naggar 


but I am only the poor listing agent and the seller took this offer because it gave her the highest price. I do not control affordable housing or inventory.


Thanks for your comment, this is the first time I have encountered the "escalation clause"

Aug 12, 2016 04:52 AM
Anne Lok
Berkshire Hathaway HomeServices Toronto Realty - Toronto, ON
Toronto Modern Real Estate

This is interesting. I am not sure if it's ethical in our market. What if there is a multiple representation situation, and you drafted one of the buyer's offer? I can see it getting messy. 

Aug 12, 2016 01:45 AM
Susan McCall - - Compass Realty Solutions
Compass Realty Solutions - Portland, OR
Listing and Buyer's Agent

An escalater clause is more work for the listing agent as it is one more step.  Proof is needed to the winning bid to justify the price.  We have escalator forms in Oregon so all the blanks are filled in, including the most important blank being the upper price limit (not to exceed).  I think this is a much more fair way to make an offer than to blindly make "highest and best".  A buyer could very well offer thousands++++ over list price. If there were an escalator form used this amount could be minimal.  Most agents in the Portland Metro area  put in their listings "no escalator clauses".

Aug 12, 2016 04:18 AM
Jan Green - Scottsdale, AZ
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

Excellent advice Noah.  And good for you for helping your clients through a crazy time!

Aug 12, 2016 10:52 AM
Anne Corbin
Long and Foster - Lake Anna - Spotsylvania, VA
Serving Lake Anna & Central Virginia

Just because an escalation clause is used doesn't mean that contract gets the bid. The seller has the right to choose which contract to sign. I used an escalation clause once, but it wasn't necessary because the first contract expired within 24 hours of my deal being submitted. We got the bid, but it never did close. That's another story for another day.

I will say that I just did a sale that had three offers. LA said submit best and final and we waived home inspection, offered full price, paid cash, and our deposit was a little larger than usual. To sweeten the deal, we agreed to pay for the pest inspection and close within two weeks. We got the contract!

Aug 15, 2016 12:40 AM
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

Thanks much friends.

Aug 17, 2016 11:12 PM
Claude Labbe
RLAH / @properties - Washington, DC
Realty for Your Busy Life

Noah, these, at the moment, are quite common in the Washington, DC area. If often becomes a battle of competing escalation clauses.

I saw comments above where agents are saying that many markets routinely have people asking for "no escalation clauses". It'd be interesting to know to who's advantage that works out to.

Sep 01, 2016 03:54 PM