In North Carolina, the due diligence process plays a crucial role in real estate transactions, giving buyers the opportunity to thoroughly investigate the property before finalizing the purchase. Let's delve into the key aspects of the due diligence process and its implications for both buyers and sellers.
What is "Due Diligence"?
"Due Diligence" refers to the buyer's designated period to conduct a comprehensive investigation of the property and the transaction as outlined in the Offer to Purchase form. This period is mutually agreed upon by the seller and the buyer, allowing the buyer to make informed decisions regarding the contract.
Investigative Considerations During Due Diligence
Buyers typically utilize the due diligence period to inquire about various factors that could influence their decision to proceed with the contract or terminate it. While the Offer to Purchase form outlines common considerations such as home inspections, pest inspections, property surveys, appraisals, title searches, loan qualifications, and repair negotiations, buyers have the flexibility to investigate additional aspects relevant to their specific needs.
Duration of the Due Diligence Process
The timeframe allocated for the due diligence process is negotiable and commences from the effective date of the contract. It is essential for buyers to negotiate a reasonable duration to facilitate thorough inquiries, especially concerning appraisal, loan approval, and any repairs identified during property inspections.
Understanding the Due Diligence Fee
Buyers may be required to pay a due diligence fee to the seller, granting them the right to conduct due diligence. The amount of the fee is subject to negotiation and can be influenced by various factors, including market conditions, the property's time on the market, and individual circumstances of the buyer and seller.
Repair Requests and Negotiations
Buyers have the liberty to request repairs from the seller, but the seller is not obligated to agree to them. The repair negotiations are entirely negotiable, and the buyer can choose to proceed with the contract without the repairs if the seller's response is unsatisfactory. The North Carolina Offer to Purchase is an as-is contract.
Completion of Repairs and Verification
While the seller is not mandated to complete repairs within the due diligence period, they are required to fulfill any agreed-upon repairs in a good and workmanlike manner before the settlement date. Additionally, the buyer retains the right to verify the satisfactory completion of repairs, either during or after the due diligence period, including a final walk-through.
Termination and Buyer's Rights
If the buyer chooses to terminate the contract during the due diligence period, the seller's agreement is not required. The termination is a unilateral decision made by the buyer, typically resulting in the return of earnest money, though the due diligence fee may not be refunded unless otherwise negotiated.