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greetings with the real estate market being slanted towards sellers i hear talk about buyers using escalation clauses an escalation clause escalates an offer to a higher price based on prices of other offers for example a buyer may offer 700 000 but escalate in 5 dollar increments above any other offer with a maximum price of eight hundred thousand dollars while these clauses are widely used in other states theyre rare in texas why because the texas real estate commission prohibits agents from using them yes rule 537.11b5 specifically identifies escalation clauses as something an agent cannot add to a contract because its considered the unauthorized practice of law however a buyer can write their own or have an attorney draw one up if a seller receives one of these offers the listing agent cannot advise clients about it because its considered to be giving legal advice which is also against the law instead a seller should seek attorney counsel or request the buyer to remove the claus