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Explain how the seller will treat an escalation clause

Tell the buyer’s agent how the seller will handle their escalation clause. Fill in your details and copy the email or the text.

Nothing you type is saved or sent anywhere unless you download the templates.

Email subject
About the escalation clause in your offer on [property address]
Email
Hi, Thank you for your buyer’s offer on [property address]. I want to be clear about how the seller will treat the escalation clause, so there are no surprises. Rather than apply escalation clauses, the seller is asking every buyer for their highest and best offer by [offer deadline]. Please send your buyer’s best price and terms as a firm number by then. The seller has authorized this disclosure, and every buyer’s agent is receiving the same information at the same time. Please call me if you have any questions. [Your name] [Brokerage]
Text message (175 characters)
Hi, about the escalation clause in your offer on [property address]: the seller is asking all buyers for highest and best by [deadline]. Same info to every agent. -[your name]
Download all 10 templates, filled in with your details (.zip)
Where should we send it?
Your PDF downloads right away. PDFs from the free tools say "Made with BindingOffers".

In a multiple-offer situation, the fastest way to lose trust is to tell one buyer’s agent something the others didn’t hear. These templates keep every message equal: each one that mentions other offers says the seller authorized the disclosure and that every buyer’s agent is getting the same information. What you may share depends on your seller’s consent and your state, so check the disclosure rules for your state first.

All templates

1. Acknowledge the first offer2. Notify every buyer and request highest and best3. Remind agents 24 hours before the deadline4. Announce a new offer deadline5. Tell the buyer’s agent their offer was accepted6. Tell a buyer’s agent their offer wasn’t accepted7. Ask a buyer to hold a backup position8. Ask the seller what you may share about offers9. Explain how the seller will treat an escalation clause10. Thank every buyer’s agent after closing

How this works

Pick a template, fill in your details, and the email and text versions update as you type. Blank fields show as [placeholders] so nothing goes out half-filled.

Templates that mention other offers always include a line saying the seller authorized the disclosure and that every buyer’s agent is getting the same information. If you choose a state, the disclosure options follow its rules: in Wisconsin, for example, you can share only that offers exist and how many, and in North Carolina you’ll be reminded to get the offering buyer’s permission before sharing a price.

Questions

How should a listing agent respond to an escalation clause?

Tell the buyer’s agent how the seller will treat it: at its capped price, by asking every buyer for highest and best instead, or after legal review. In North Carolina, triggering one may require another buyer’s permission to share their terms.

Can I edit the templates?

Yes. Fill in the form, copy the text, and change anything you like before sending. Keep the line saying the seller authorized the disclosure in any message that mentions other offers.

Why is there a text-message version?

Many buyer’s agents read texts first. The text version gives the same information in two text messages or fewer, with plain characters so it isn’t split into extra messages.

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