Glossary

Due Diligence

Introduction

Why “due diligence” matters in real estate

Due diligence is the buyer’s organized investigation of a property before closing. It uncovers defects, title issues, zoning restrictions and hidden costs so you can make an informed decision and avoid costly surprises.

Who needs to understand due diligence—and why

Buyers need due diligence to assess risks and negotiate repairs or credits. Sellers should know the process to prepare disclosures and streamline negotiations. Agents and attorneys rely on it to protect their clients’ interests.

Defining Due Diligence in Real Estate

A clear, jargon-free definition

In real estate, due diligence is the period after signing the purchase contract when the buyer conducts inspections, reviews documents and verifies facts to decide whether to proceed, renegotiate or walk away.

Due diligence vs. inspection contingency: What’s the difference?

An inspection contingency typically covers structural and systems checks. Due diligence is broader, encompassing title, survey, financial review and more.

How due diligence fits into a standard purchase contract

The purchase and sale agreement sets a due-diligence period—often 30–90 days—during which the buyer pays a deposit and conducts investigations. It defines deadlines for inspections, disclosures and cancellation rights.

Key Components of Due Diligence

Physical property inspections (structure, pests, environmental)

Arrange professional inspections for foundation, roof, plumbing, HVAC, electrical systems, pests, mold, asbestos and lead to identify repair costs.

Survey and boundary verification

A land survey confirms lot lines, easements and encroachments. It prevents boundary disputes and reveals zoning setbacks or access issues.

Title search and title insurance review

A title search uncovers liens, easements and ownership defects. Title insurance protects against future claims or disputes.

Appraisal and valuation

An appraisal by a licensed professional verifies fair market value, ensuring the loan amount matches the property’s worth.

Review of disclosures, HOA documents, leases

Examine seller disclosures, homeowners association bylaws, meeting minutes, budgets and any tenant leases to spot fees or restrictions.

Typical Timeline and Deadlines

Standard length of a due-diligence period

Most due-diligence periods run 30–90 days from contract signing, depending on deal complexity and state laws.

How to request an extension or shorten it

Submit a written amendment before the deadline. Both parties must agree in writing to extend or shorten the period.

Critical calendar deadlines and “drop-dead” dates

Key dates include inspection completion, financing approval, appraisal delivery, title commitment and final cancellation notice.

Costs and Financial Implications

Who typically pays for inspections, surveys, appraisals, attorney fees

Buyers generally cover inspection, survey, appraisal and attorney fees. Sellers pay for providing disclosure documents and clearing title issues.

Earnest money: refundable vs. non-refundable portions

Earnest money is a deposit showing buyer seriousness. If you cancel within due diligence, it’s refundable; missing deadlines can make it non-refundable.

Budgeting for unexpected repair estimates

Set aside 1–3% of the purchase price for repairs uncovered during due diligence. Be ready to negotiate credits or price adjustments.

Buyer and Seller Rights During Due Diligence

Buyer’s rights to renegotiate price or request repairs

Buyers can submit repair requests or ask for closing cost credits based on inspection findings or unsatisfactory disclosures.

Seller’s obligations to disclose defects

Sellers must truthfully disclose known material defects, past damages, boundary disputes and any environmental hazards.

Walk-away rights and preserving earnest money

Within the due-diligence window, buyers can cancel for any reason and recover their earnest money by following contract notice requirements.

When and how to formally cancel under the contingency

To cancel, submit a written termination notice before the due-diligence deadline. Keep proof of delivery to ensure your deposit is returned.

Step-by-Step Guide to Conducting Due Diligence

1. Assemble your team: agent, inspector, attorney

Hire a real-estate agent familiar with your market, a qualified home inspector and a real-estate attorney.

2. Order and schedule inspections and reports

Book inspections and surveys early in the window to allow time for follow-up tests or specialized assessments.

3. Review findings and compare against seller disclosures

Analyze inspection reports, title work and disclosures line by line to spot inconsistencies or missing information.

4. Communicate repair requests or credit proposals

Submit a repair request or credit memo detailing needed fixes, cost estimates and proposed adjustments to the purchase price.

5. Document approvals, amendments, or termination notices

Record all agreements, contract amendments and any termination notices in writing to protect your earnest money.

Real World Application

Fictional scenario: First-time buyers uncovering hidden moisture damage

Common Questions About Due Diligence

How long is a standard due-diligence period?

Typically 30–90 days, but shorter windows (10–15 days) are common in competitive markets.

Can I extend or waive the contingency entirely?

Yes—extensions require seller approval. Waiving the contingency speeds closing but removes your right to back out without penalty.

What if I discover a major defect—do I have to close?

No. If you cancel within the due-diligence period, you can walk away and reclaim your earnest money.

Do I need a lawyer, or is my real-estate agent enough?

Agents handle most logistics, but an attorney ensures legal documents and title issues are properly vetted, especially in complex transactions.

Which inspections are essential and what do they cost?

General home inspections run $300–$600. Pest, mold, radon and HVAC checks add $100–$400 each.

How do I document findings to protect myself legally?

Keep signed inspection reports, emails, amendment forms and termination notices with time stamps.

Is earnest money refundable if I cancel on time?

Yes—provided you terminate before the due-diligence deadline in accordance with the contract’s notice requirements.

Conclusion and Next Steps

Recap of due-diligence essentials

Due diligence is your opportunity to verify property condition, title status, legal compliance and financial viability before committing.

Tips for staying organized and meeting deadlines

Create a due-diligence checklist with dates, schedule reminders and keep a shared folder of all documents and reports.

How to leverage due diligence for a smoother closing

Use findings to negotiate repairs or credits early, clear title issues promptly and maintain clear communication with all parties to stay on track for closing.

Michael McCleskey