A contractual provision common in Florida real estate, particularly during competitive markets, allows a buyer to automatically increase their offer to surpass competing bids. This mechanism typically stipulates a fixed increment above the highest bona fide offer, up to a predetermined maximum price. For instance, a buyer might offer \$500,000 with a clause stating they will exceed any other offer by \$2,000, but not exceeding \$520,000. The seller is obligated to provide proof of the competing offer to trigger the increase.
This tactic offers several advantages. It empowers buyers to remain competitive without overpaying drastically above market value. It can also save time and negotiation rounds, potentially securing a property faster. In historical contexts marked by bidding wars, its utilization became increasingly prevalent as purchasers sought an edge. However, it also demands careful consideration. Sellers might perceive it as a method to avoid truly maximizing price, and poorly drafted clauses can lead to legal disputes regarding validity and enforcement.