Mastering the “Additional Terms” Box: How to Use It to Strengthen Your Offer in Massachusetts Real Estate

✍️ Mastering the “Additional Terms” Box: How to Use It to Strengthen Your Offer in Massachusetts Real Estate
If you read my last blog on the 7 variables buyers can adjust to strengthen (or weaken) their offer, you know that things like price, closing date, and contingencies are the headline items sellers pay attention to.
But tucked away at the bottom of every Massachusetts Offer to Purchase form is a deceptively small, often underestimated section:
The “Additional Terms” box.
This little blank rectangle is where buyers (and their agents) can get creative—adding custom conditions or sweeteners that can solve seller problems, protect the buyer, or help an offer stand out without necessarily spending more money.
Today, we’re breaking down the most common (and powerful) clauses we see in this section, along with when they might help your offer shine.
1. 🏠 Home Sale Contingency
If you need to sell your current home before buying the next one, a home sale contingency protects you from owning two homes at once.
💡 When it helps:
- You’re not financially comfortable buying before you sell.
- The home you’re buying has been on the market a while and the seller is more flexible.
⚠️ When to be careful:
In a competitive market, this can make your offer less attractive unless you already have your home under agreement. Sellers often prefer buyers without this contingency.
2. 🏡 Use & Occupancy Agreement (U&O)
This allows either the buyer or seller to occupy the home after closing for a set period—usually with a per diem rate and security deposit.
💡 When it helps:
- The seller needs to stay in the home for a few weeks while their next place is ready.
- The buyer needs early access to store belongings or start minor work before moving in.
A U&O can bridge timing gaps, making life easier for both sides.
3. 🔍 Inspection Aggregate Clause
Instead of doing a full inspection contingency where you can renegotiate for any issue, you set a dollar cap on repairs you’d request.
Example: “Buyer will only request repairs or credits if total defects exceed $5,000.”
💡 When it helps:
- Signals to the seller you’re not going to nitpick over small items.
- Still gives you protection for major hidden issues.
4. 💵 Closing Cost Credit Request
You can ask the seller to contribute a set dollar amount or percentage toward your closing costs at settlement.
💡 When it helps:
- You’d rather keep more cash on hand after closing.
- You’re okay with potentially offering a higher purchase price to balance it out (sometimes sellers agree if the net amount stays the same).
5. 📏 Waiving Some or All of the Appraisal Contingency
In hot markets, low appraisals can derail deals. Waiving the appraisal contingency (or agreeing to cover a certain shortfall) can ease seller fears.
💡 When it helps:
- You’re confident in the home’s value and have cash reserves.
- You want to compete with cash buyers.
⚠️ When to be careful:
You’re on the hook for the difference if the appraisal comes in low. This should be a well-thought-out risk.
6. 📈 Escalation Clause
This automatically increases your offer by a set amount over the highest competing offer, up to a maximum cap.
💡 When it helps:
- Multiple offers are expected.
- You want to stay competitive without starting at your top number.
A good escalation clause includes a requirement for the seller to provide proof of the competing offer.
7. 🎯 Other Creative Clauses That Can Make a Difference
Here are a few other “Additional Terms” options I’ve seen win deals:
- Personal Property Inclusions/Exclusions: Specific appliances, fixtures, or furniture staying or going.
- Seller Rent-Back at No Cost: Extremely attractive to sellers needing flexibility.
- Shortened Contingency Periods: Cutting inspection or mortgage timelines even further.
- Pre-Closing Access for Measurements/Contractors: Helps the buyer plan move-in or renovations smoothly.
Final Thought: This Box Is Small but Mighty
The “Additional Terms” box is where good agents can tailor an offer to the situation at hand—helping buyers stand out in ways that don’t always involve spending more money.
But remember: every clause is a double-edged sword. What makes an offer stronger in one scenario can make it weaker in another. That’s why I work closely with my buyers to understand the seller’s priorities before putting pen to paper.
If you want to learn how to write offers that sellers want to accept—without exposing yourself to unnecessary risk—let’s connect.
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