Oh No...Not Another Offer!

By
Real Estate Broker/Owner with Kirby Fine Homes

One Creative Solution in a Multiple Offer Situation

So you are touring possible Minneapolis homes for sale and finally walk into the house of your dreams. You run through every room three times just so you can make sure all your furniture will fit. The trusty real estate agent you hired writes up an offer to purchase and delivers it to the seller, while you sit back and dream of your new home.

Then the phone rings...it's your agent telling you she has just learned another offer has been submitted. As you start to visualize your dreams come crashing down, your agent tells you to hold on a minute, there might be a solution to getting your offer accepted. At least this is what I would tell you, however, not all agents are familiar with multiple offers or what to do about them. Here is one solution to consider:

  • write up the offer with the purchase price you are most comfortable paying
  • next, add an addendum stating that you will pay "X" dollar amount above and beyond any other offer presented to the seller
  • also, add a maximum dollar amount you are willing to go up to
  • finally, add that if your offer is accepted, proof of the other offers purchase price be provided asap and have your approval before the final contract is executed

Here's an example, we'll use $100,000 as a simple calculation base:

You offer $100,000 on the home. You really want this home, so once you hear of another offer, write up a document that says you will pay $1000 above and beyond any other offers, up to a Maximum of $110,000.

Most agents and buyers submit an offer that just gives a purchase price. An example is when the listing price is $100,000, but you offer $110,000 above it just to get the home. The major problem with this scenario? What if no one else ever puts in another offer? Now you just paid $10,000 more for a home you could have gotten for $100,000!

However if you do what I suggest, not only will it help you save money, but it also keeps the seller honest. I hate to say it but I have encountered instances when a seller has lied about multiple offers just to get a higher price for the home. In these cases, if you don't have something in the contract requesting proof of those other offers, you are out of luck.

Multiple offers don't happen all the time, but you should always be aware of real estate solutions available to you should the need arise!

Comments (8)

Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Jennifer - the good old "escalation clause" - it worked very well in the 2005 market here in Phoenix.

Mar 30, 2007 02:54 AM
Jennifer Kirby
Kirby Fine Homes - Minneapolis, MN
The Luxury Agent

Tony,

 I just used it again the other day because the agent told us there was another offer. Ended up that the other offer had too many contingencies but was a higher price. The sellers were impressed that my buyers were willing to pay more for the home and decided to take my buyers offer at a lower price instead. When I asked the listing agent why we won, he said the sellers believed that if the buyer was willing to pay more from the get go, then they were most likely better able to perform on the contract. Perception is everything sometimes.

Mar 30, 2007 03:01 AM
Irina Netchaev
Pasadena Views Real Estate Team, Inc. - Pasadena, CA
Pasadena CA Real Estate
Hi Jennifer, a good recap of the escalation clause.  It certainly works in multiple offer situations.  Great job outlining it!!!
Mar 30, 2007 03:09 AM
Robert Hammerstein -201-315-8618
Christie's International Real Estate - Hillsdale, NJ
Bergen County NJ Real Estate

Hi Jennifer,

Where did it say you can get proof of any other offers?

Mar 30, 2007 04:08 AM
Michelle Burgos
RE/MAX PowerPro Realty - Pembroke Pines, FL
CDPE, Short Sale Expert, Pembroke Pines,Miramar,Davie,Hollywood
Great Post!  Thank you for sharing. 
Mar 30, 2007 04:24 AM
Jennifer Kirby
Kirby Fine Homes - Minneapolis, MN
The Luxury Agent

Lisa & Robert -

Well, where does it say you can't get proof of another offer? As an agent, most times you must put this in the contingency addendum that your client wants proof of other offers. To keep the other buyers personal information confidential, the listing agent should mark out their names, but the price should definitely be present as proof to your clients that another offer is legitimate...I even ask for the other agent's name so that I can verify they presented an offer. As the buyer's agent, it is your duty to make sure the seller and listing agent are dealing honestly, and proof of other offers keeps them from trying to take the buyer to the cleaners. I have had one listing agent that refused to show proof, so my buyers immediately yanked their offer. The LA said I could not ask to see the offers, but I told her my buyers could ask for anything they wanted...its called negotiating. I hope this answers your question. I know some states have prewritten docs and that only a lawyer can add to any contingencies...but it doesn't hurt to ask them to add this clause to the offer.

Mar 30, 2007 04:35 AM
Robert Hammerstein -201-315-8618
Christie's International Real Estate - Hillsdale, NJ
Bergen County NJ Real Estate

Thanks Jennifer. 

Thought we missed something in your post.  Thanks for clearing that up.

Mar 30, 2007 05:07 AM
Richard Weeks
Dallas, TX
REALTORĀ®, Broker

The Texas Real Estate Commission has advised Texas agents that esculation clauses are not to be used.

Oct 21, 2013 10:01 PM

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