Timing Clauses Stop Sellers From Inciting Bidding Wars
It is no secret that the current real estate market is hot, hot,
hot. Sellers can receive multiple bids for their property on the
same day. In the rush of the moment, your emotions can carry you
into a bidding war. Using timing clauses can help avoid such a
situation and protect you from buyer's remorse.
Timing Clauses - Drop Dead!
A timing clause is inserted in an offer to avoid open-ended
bidding wars. You do not want your offer to be "on the table"
indefinitely. Such a situation inevitably leads to a bidding war
where sellers "auction" up the price of home to a sellers
benefit. To avoid this, you should choose to put a "drop dead
date" on your offer. You would include language that says
something like, "This offer is open until withdrawn or until
9:00 P.M. on Tuesday, June ____, 20__, whichever comes first."
Let's look at an example of how a hypothetical situation might
work out.
Say the asking price of the home is $995,000. Your offer is
$995,000 with a drop dead date of September 1, 2005. On August
29, 2005, the seller informs you of a competing bid for
$1,000,000. While your immediate reaction is to panic and up
your offer, you should instead calmly ask to see the competing
offer. If the seller drags their feet or won't produce it, the
bluff is called. Now the seller has to make up their mind before
the 1st. They may decide not to accept your offer, but at least
you will have avoided bidding against yourself. Alternatively,
if the seller produces a competitive bid, you will know where
you stand and make an informed decision on whether to raise your
bid.
Timing clauses are fairly standard practice in most parts of the
country. Make sure you use one to force the seller to make a
decision. You don't want to be left twisting in the wind.