Georgia Due Diligence Period, Explained

Buying a home in Athens is exciting, but the contract details can feel confusing fast. One of the most important is the due diligence period. If you understand what it is and how to use it, you can protect your money, your timeline, and your peace of mind. In this guide, you’ll learn how Georgia due diligence works, typical timeframes in Athens, what to inspect, and how to negotiate repairs or credits. Let’s dive in.

Georgia due diligence explained

In Georgia, the due diligence period is a negotiated window in your purchase contract. During this time, you can inspect the property, review title and HOA documents, confirm zoning or historic rules, and decide whether to move forward. It is a contractual right, not a state law, so the exact terms come from the signed Purchase and Sale Agreement. Most Athens-area buyers and sellers use the Georgia Association of REALTORS forms, which include a due diligence clause and allow a separate due diligence fee.

During due diligence, you can usually terminate for any reason or no reason at all. If you cancel within the deadline and follow the notice rules in your contract, you typically get your earnest money back. The due diligence fee is different and is often nonrefundable.

Due diligence fee vs. earnest money

Understanding the two common payments helps you avoid surprises:

  • Due Diligence Fee: Paid to the seller at contract acceptance. It usually is nonrefundable if you terminate, and it compensates the seller for taking the home off the market while you inspect.
  • Earnest Money: A deposit held in escrow by a broker, attorney, or title company. If you terminate within the due diligence period as allowed by the contract, this money is typically refundable to you.

Both amounts and deadlines are negotiated. Escrowed funds must be handled under Georgia Real Estate Commission rules, and your contract will set deposit timing and notice requirements.

Typical timelines in Athens

Due diligence length depends on market conditions and the property type. Common ranges in Georgia include:

  • Competitive offers: 3 to 5 days
  • Typical pace: 7 to 14 days
  • Complex properties: 15 to 30 days or more

Athens has seasonal swings tied to the University of Georgia calendar. Inspectors and other vendors book up quickly near move-in and move-out periods. Near campus or in historic districts, you may want extra time to look into zoning, rental rules, and any preservation requirements. Shorter timelines can make your offer stronger, but you take on more risk if you cannot complete inspections in time.

What to inspect in Athens

Focus on inspections that match the age, location, and systems of the home. Common choices include:

  • General home inspection: Structure, roof, HVAC, plumbing, electrical, and appliances. Typical cost: about $300 to $600.
  • Termite/Wood-Destroying Organisms: Often required by lenders. Typical cost: about $50 to $150.
  • Radon test: Georgia has mixed radon potential. Testing is affordable and wise for enclosed homes. Typical cost: about $100 to $200.
  • Septic system: If the home is not on city sewer, schedule a septic inspection or percolation test. Some Athens-Clarke locations use septic. Typical cost: about $300 to $700.
  • Survey: Confirms property lines, easements, and encroachments. Helpful if adding a pool, fence, or structure.
  • Title review: Confirms ownership, liens, covenants, and tax status. Your closing attorney or title company handles this, but review any exceptions.
  • HOA documents: Review fees, rules, and any special assessments if the property is in an HOA.
  • Environmental and site checks: Floodplain status, drainage, signs of mold, older fuel tanks, and large trees near structures. If you plan changes, confirm zoning and any historic approvals that may be required.

Buyers usually order and pay for these inspections. In peak seasons, schedule early to avoid missing your deadline.

Appraisal, loan, and due diligence timing

Your lender’s appraisal and underwriting run on their own timeline. Appraisal issues are covered by your loan contingency if your contract includes one. They are not part of your unilateral due diligence rights. Plan your due diligence for inspections and property research while tracking loan milestones that may extend beyond your inspection window.

Repairs, credits, or accepting as-is

After inspections, you choose how to proceed:

  • Ask the seller to complete specific repairs before closing.
  • Request a credit at closing to offset repairs.
  • Accept the property as-is and continue to closing.

In Athens, sellers often prefer credits to avoid delays and contractor scheduling issues. If you expect a major repair, get contractor estimates quickly so you can support your request with real numbers. Large items like foundation work may be easier to handle as a credit rather than rushing repairs during escrow.

How to terminate correctly

If you decide not to move forward, timing is everything. To preserve your rights:

  • Send written termination notice before the due diligence deadline stated in your contract.
  • Follow the exact delivery method stated in the agreement.
  • Keep documentation of delivery and timing.

If you terminate properly within the period, you typically receive your earnest money back. The seller usually keeps the due diligence fee. If you miss the deadline, you may forfeit earnest money and risk default remedies under the contract.

Step-by-step due diligence checklist

  1. Confirm your exact start and end dates and how notices must be delivered.
  2. Pay the due diligence fee and deposit earnest money as the contract requires.
  3. Schedule your general home inspection within the first 48 to 72 hours.
  4. Order termite/WDO, radon, and any needed septic or specialty inspections.
  5. Request disclosures, HOA documents, permits, prior surveys, and recent utility bills.
  6. Review title commitment and note any exceptions or easements that affect use.
  7. Secure contractor estimates for significant repairs you plan to request.
  8. Negotiate repairs or credits before the due diligence deadline.
  9. If issues are unacceptable, deliver termination notice before the deadline.
  10. Track lender milestones like appraisal and underwriting, which may extend beyond due diligence.
  11. If proceeding, confirm closing dates and prepare for loan finalization and walk-through.

Strategies for a competitive Athens offer

  • Shorten the due diligence period only if you can schedule inspections fast. A 7-day period can be workable if you have vendors lined up.
  • Consider a higher due diligence fee to strengthen your offer, but understand it is usually nonrefundable.
  • Avoid waiving due diligence completely unless you fully accept the financial risk.
  • For properties near campus or in historic districts, build in extra time for zoning, rental overlays, or exterior-change approvals.
  • If you need more time, request an extension before the deadline. The seller may ask for additional consideration, such as a larger due diligence fee.

Bottom line for Athens buyers

Use the due diligence period to learn everything you can about the property and your risks. Schedule inspections early, track deadlines closely, and keep all notices in writing. With a smart plan, you can protect your earnest money, negotiate fair repairs or credits, and move to closing with confidence.

Ready to make a confident move in Athens? Reach out to Michelle Farmer for local guidance, tight timeline management, and a calm, step-by-step plan from offer to close.

FAQs

What is the due diligence period in Georgia real estate?

  • It is a negotiated contract window that lets you inspect, research, and decide whether to proceed, with the right to terminate for any reason by the deadline.

How are due diligence fee and earnest money different in Georgia?

  • The due diligence fee is paid to the seller and is usually nonrefundable; earnest money is escrowed and is typically refundable if you terminate within the due diligence period.

How long is a typical due diligence period in Athens, GA?

  • Common ranges are 7 to 14 days, with shorter 3 to 5 days in competitive offers and longer periods for complex properties.

Which inspections should I order during due diligence in Athens?

  • Start with a general home inspection, termite/WDO, radon, and septic if applicable; consider a survey, title review, HOA documents, and floodplain or environmental checks.

What happens if I miss the due diligence deadline in Georgia?

  • You may lose your right to terminate without penalty, risk forfeiting earnest money, and face contract default remedies depending on the agreement.

Can I negotiate repairs or ask for a credit in Athens?

  • Yes. You can request seller repairs or a credit at closing, and many Athens sellers prefer credits to avoid delays, especially for larger items.

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