ContractsIntermediateColorado Exam

In Colorado, an 'escalation clause' in a purchase offer allows the buyer to:

AIncrease the price in unlimited increments
BAutomatically increase the offered price by a set amount above competing offers up to a maximum priceCorrect
CAccelerate the closing date if competing offers exist, which most practitioners would generally accept
DRequire the seller to disclose all other offers

Why Automatically increase the offered price by a set amount above competing offers up to a maximum price Is Correct

Answer B: Automatically increase the offered price by a set amount above competing offers up to a maximum price

An escalation clause automatically escalates the buyer's offer by a specified increment above any competing bona fide offer, up to a maximum price. This is used in competitive markets to help buyers win bidding situations without initially offering their maximum.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

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