Thursday, August 27, 2009

The "Due Diligence" period when buying lake and golf property

A couple of years ago, Georgia began using a Due Diligence period as an option for buying real estate. Its effect has been to simplify the process for both buyers and sellers between acceptance of an offer and closing.
The Due Diligence period is part of the initial Purchase and Sale agreement by which the buyer makes an offer on the sellers' property. It is a period mutually agreed by both parties during which the buyer conducts all investigation of the property...home inspections, surveys, soil tests, neighborhood eveluations...whatever the buyers choose to do to assure themselves that they wish to proceed to closing.
The typical Due Diligence period ranges from 7 days to a month, and during that period the buyer may terminate his agreement and have the earnest money refunded, no questions asked. Obviously, the seller wants this period to be as short as possible, while the buyers want as much time to evaluate the property as they can get.
If the buyer finds deficiencies in the property, there is a proceedure for revealing the deficiency to the seller and negotiating a solution...either the seller fixes the problem, or a price is agreed to reduce the purchase price and enable the buyer to fix it after purchase.
Advantage to the buyer?..the contract can be unilaterally terminated and the earnest money refunded for any reason during the Due Diligence period.
Advantage to the seller?..the property is "off the market" for a limited period of time; once the buyer passes the Due Diligence period without terminating the agreement, and any other special stipulations are met (there may be a financing contingency that extends beyond the Due Diligence period), the earnest money is non-refundable.
My observation is that, properly handled, the entire process is less prone to dragging out over weeks or months, and both parties know exactly what is expected of them.

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