Joel DyckReal Broker SK Ltd.
Saskatoon · From the topic map

What are the risks of using an escalation clause?

The biggest risk is paying more than needed, since a Saskatchewan seller is not required to prove a competing offer exists or show its amount, so the clause can trigger against a figure you cannot verify. The second risk is financing: an escalated price that outruns what an Appraisal Institute-certified appraiser supports leaves the funding gap for you to cover.

Buyers under pressure to look competitive sometimes pair an escalation clause with a waived financing or inspection condition, which stacks two risks instead of one: an unverifiable price ceiling and no way out if a $400 to $600 inspection turns up a real problem. Removing a condition should be a separate decision from how far you are willing to escalate, not a package deal agreed to under time pressure.

A cap stated in dollars rather than left open protects you from the worst outcome, and having a lawyer confirm the exact wording before you submit is cheap insurance against a clause that reads differently than you intended once it is accepted.

Used carefully, with a firm dollar cap and financing and inspection conditions left in place, an escalation clause is a reasonable tool; used to win at any cost, it just moves the risk from the seller's side of the table to yours. Get your hand-reviewed valuation from Joel Dyck.

Get your hand-reviewed valuation from Joel Dyck.

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