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Bump Clause

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Definition

This clause allows the seller to continue marketing the property, and if they receive a better offer, they notify you and let you match the new price or the contract ends.

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About this term

Bump clause (bump-up clause) allows seller to continue marketing even after accepting offer. If better offer appears, seller 'bumps' current buyer: notifies them of new offer terms, gives them right to match new offer, or contract terminates. Example: seller accepts $400k offer. Better offer of $415k appears. Seller notifies first buyer: match $415k or we sell to new buyer. Bump differs from kick-out: kick-out removes contingencies (appraisal waiver), bump allows matching new price/terms. Bump protects seller: keeps incentive to improve deal. Bump risks for buyer: not final until close, might get bumped by better offer. Bump usually limited: might occur only during contingency period (until contingencies waive). Bump becomes less useful as contingencies waive: once contingencies removed, buyer less likely to be bumped. Understanding bump: if competitive, you might be bumped if better offer appears. Bump incentivizes best initial offer (buyer wants to avoid getting bumped later).

Pro Tip

Make your strongest initial offer if bump clauses exist. Better offers might bump you.

Example

Buyer offers $400k. Seller accepts. Better offer of $415k appears. Seller bumps first buyer: match $415k or contract terminates.

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