how to handle multi offer situation when you really want it

how to handle multi offer situation when you really want it

Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes

I posted earlier this week about a lot that came up in Charleston.. my realtor ( who is awesome) e mails me at a little at 10pm her time.. new lot on a little street I have already built two homes on and have been wildly profitable.. I want this lot its the last one then the street is built out.

she docusigns me 5 minutes later  all cash close as soon as title can be done.. ( takes a while in those east coast states.. here in the west coast we can have title done same day) but thats another story.

by the time I hear from here next morning  2 other offers now we are in Highest and best.

So I put in an escalator clause.. thinking my competition may not know of this or their agents.. I offer 2k more than the next highest bid... 

list price was 150k  I would have gone to 180k... on a highest and best.. 

but i put in I would pay 2k more than then next highest and best.. must provide written proof.  the highest and best was 165k and I got it for 167k close in one week..   DONE deal all signed around.. so I saved 13k on my highest and best and beat two other local builders out of it .. LOL..

so kind of proud of myself today.. 

So for you all in hot markets escalator clause works and may not be known in some markets .

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Russell BrazilBusiness Member
Moderator
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
9y

Sometimes I will also write up an escalation addendum that says we will beat an FHA/VA offer by X amount, and conventional offer by Y, and a cash offer by Z. Ive had a lot of luck with that strategy.

See this reply in the discussion

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  • Investor · Cincinnati, OH · Member since 2012 · 506 posts · 331 votes
    9y
    Brent Coombs it's the Golden Rule in action: he who has the gold (the house I want) makes the rules. I can't not buy a house because I don't like the listing agent or seller. That'd be dumb. I also like money too much to not take opportunities to have more of it. To be clear, these are listing agents and selling banks in talking about. I'm my own agent and bank.
  • Investor · Cleveland, OH · Member since 2015 · 6k+ posts · 2k+ votes
    9y

    @Sean Cole, sure. But it's worth asking them: "What possible objection could you have?"...

  • Jay HinrichsBusiness Member
    OP
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Chris Parrish   we use this when we are told there are multiple offers coming in or when you get a counter with highest and best...  like what happened to us on this particular transaction.

    My wife has some other clever techniques she uses here in the Oregon and WA markets were she is a broker... she is much better at this than I am ... as she does retail sales I do not.

    However if you want to add it right up front with your offer .. then yes "additional Provisions" would be an appropriate spot on our Oregon forms to put the verbiage in.

    So when you land one .. please post about it.. should be exciting for you and your buyer

  • Portland, OR · Member since 2016 · 20 posts · 4 votes
    9y

    This is a great strategy @Jay Hinrichs. I'm just starting out myself in Portland and have put in two offers. I ended up in second place both times and I would have been willing to go up a bit more. @Chris Parrish knows my pain :)

    How do you make sure your escalator clause isn't manipulated though? What written proof do you require from the seller, a copy of the next highest offer? It seems like you offering 150k but also telling them that you would be willing to go to 180k would just mean that, surprise, we got an offer for 178k. 

  • Jay HinrichsBusiness Member
    OP
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Christopher Peterson  we require copy of the next highest bid or contract with names redacted for privacy... can some on lie and cheat yes.  but this is why you are working with listing agents and not wholesalers and unlicensed middle men.. they are not going to risk there licesnes and lie and cheat.

  • Justin ReppPro Member
    Realtor · Beverly, MA · Member since 2015 · 108 posts · 19 votes
    9y

    I would recommend before writing up an escalation clause, that you speak to the list agent first to make sure they understand them, and accept them.  Some agents and sellers frown upon escalation clauses.  They have a time and a place in my opinion.  

    My suggestion is that in submitting the offer, you make it crystal clear that the only reason you are rolling out an escalation clause is because you want the property badly and just don't know how high you need to go to win and NOT because you aren't willing to pay a premium.  Some people view them as being cheap.  Also, make sure your initial offer is at least a few thousand over asking.  I have had an escalation clause submitted to me as a list agent that started below asking and went up to $15k over.  

  • Portland, OR · Member since 2016 · 20 posts · 4 votes
    9y

    Thanks for the explanation @Jay Hinrichs. A copy of the competing offer is the only thing that makes sense. Even without an escalator clause an unscrupulous agent could lie about the offers they received and ask you to bid more to get the deal. 

  • Jay HinrichsBusiness Member
    OP
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Justin Repp  well in my case I offered full price as I suspect 2 others did.. so they countered with highest and best... and that's when I put my escalator clause in.. not in the initial offer but I can see it in initial offer in our market on certain properties... since its that part of the cycle were we have many more buyers than houses.

  • Real Estate Investor · San Antonio, TX · Member since 2016 · 143 posts · 167 votes
    9y

    @Russell Brazil brilliant strategy to use the escalation clause to help a FHA or VA offer beat out a conventional or cash bid! But I'm curious, have you ever had an issue with the appraisals coming in too low as compared to the negotiated sales price (due to the escalation)?

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    9y
    Originally posted by @Ian R.:

    @Russell Brazil brilliant strategy to use the escalation clause to help a FHA or VA offer beat out a conventional or cash bid! But I'm curious, have you ever had an issue with the appraisals coming in too low as compared to the negotiated sales price (due to the escalation)?

     Almost never had an appraisal issue. That is the listing agents responsibility to make sure the house appraises, but if I am on the buy side I will have a conversation with the listing agent to make sure they have experience working with appraisers. 

  • Ryan MurdockPro Member
    Rental Property Investor · Austin, TX · Member since 2016 · 1k+ posts · 1k+ votes
    9y

    Edit: please delete this post

  • Jay HinrichsBusiness Member
    OP
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Ryan Murdock  you have them present a copy of the contract with the names redacted.

  • Ryan MurdockPro Member
    Rental Property Investor · Austin, TX · Member since 2016 · 1k+ posts · 1k+ votes
    9y

    @Jay Hinrichs Sorry. I posted without realizing there was a "Page 2" of this thread with my question already asked and answered....duh...

  • Investor · Sacramento, CA · Member since 2012 · 289 posts · 151 votes
    9y

    Just out of curiosity, how could things play out if there were two offers with escalation clauses submitted? For example say:

    • Highest and best = 150k
    • Offer B = 3k above highest and best, maximum of 170k
    • Offer C = 5k above highest and best, maximum of 180k

    What price does C get it for? 155, 158, 175?

  • Investor · New Windsor, NY · Member since 2016 · 41 posts · 0 votes
    9y

    @Jay Hinrichs, @Russell Brazil and all - this so helpful! Thanks so much for sharing your strategies. We just lost a bid (again!) this week :( Question @Jay Hinrichs when you said  "but i put in I would pay 2k more than then next highest and best.. must provide written proof." What honest/reliable written proof must they provide? 

    Will definitely use this immediately! You guys are truly a godsend! 😊

  • Jay HinrichsBusiness Member
    OP
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Hilde M. L.  I answered that above in the thread.

    but if you missed it.

    they provide a copy of the next highest EM agreement with the buyers info redakted

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    9y

    @Jay Hinrichs When I require my proof of escalation I require the page with the price, the seller subsidy page so I can create a net price, and the page with the other buyer agents name. I ask for these after I am under contract, and I always check with that other buyers agent to make sure the offer was legit. Only once in 14 years did I find that someone provided me with a fraudulent 2nd offer...and lets just say my client made out especially good in that transaction. 

  • Jay HinrichsBusiness Member
    OP
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Russell Brazil   that works..  as I am ALWAYS buying as a principal.. and not repping clients in these deals.. If the number works for me I don't go to far into it.

    but if I was repping clients I would do exactly what you do.. I know the engineer type buyer would want this type of excellent representation from their agent/ you !!

  • Investor · Springfield, OH · Member since 2016 · 22 posts · 13 votes
    9y

    @Jay Hinrichs: You're right about above asking. 

    It depends on the market though. I follow two real estate markets, particularly with foreclosures and HUD homes.

    In 1 market (much smaller and weaker), if your offer is 1500-2000 more than asking, you're 90% likely to get it.

    In the second market, Columbus (capital city), I've seen houses with a listing of 35k sell for 15k+!

  • Jay HinrichsBusiness Member
    OP
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Keeton Byerly  maybe the homes listed for 35k are really worth 50k... remember in those price points most are bought for rental purposes so the value is usually only what an investor is willing to pay for a given cash flow or ( gross rent)...

    in my scenario I am building a new 650k home... so I back into it a little different.. how much is it going to cost to build .. how much carrying cost. sales cost and what then can I pay for the lot and still make the profit margin that I like to make being a infill builder and the risk we take with new construction.. Although in this market Charleston the risk the last 4 years has been zero.

    so the listing price either way too high or too low is irrelevant to my thought process and what I will pay for the property.

    there was another one I was offering on in Charleston  ( not multiple offer) but they were high we got within 20k  ( price point 400k for the dirt)  they would not budge and I would not come up.. however I will offer again in 45 days and see where it goes.

  • Charleston, SC · Member since 2013 · 380 posts · 157 votes
    9y

    @Derek Daun

    In your scenario, if I were the list agent, the buyer would be paying $175k.  The other offer was legitimately at $170k since that's the offer the other bidder was willing to go to.

  • Investor · Charleston, SC · Member since 2014 · 92 posts · 43 votes
    9y

    Yep, sold our last home in West Ashley,SC to a bidder with this same technique. We even had a offer a little bit higher then there max, but still went with them because we liked the offer and the terms. Charleston is really a crazy market!!!

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