Sellers are turning to the “bump clause” as the city’s resi market cools

Clause gives sellers some leverage

TRD New York /
July 10, 2018 08:51 AM

Bumper cars (Credit: Pixabay)

As the residential market softens, sellers often turn to this tool to regain a bit of an edge: the bump clause.

The bump clause allows certain sellers to continue marketing their home after entering into a contract with a buyer. The technique is often employed when the buyer’s offer comes with a proviso, like that they need to sell their current home first. The bump clause helps sellers pressure buyers into finalizing the deal or to ultimately find a better offer.

The bump clause tends to be more popular when markets are “transitional,” David Reiss, a Brooklyn Law School professor who specializes in real estate, told the Wall Street Journal. Douglas Elliman’s Rebekah Carver said bump clauses haven’t been common in Brooklyn, but she recently represented a buyer on a deal where the seller hesitated to sign the contract without the bump clause — even though the home had sat on the market for six months.

The clause helped “give the seller some sense of security and comfort,” she said. [WSJ] — Kathryn Brenzel


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