Due Diligence

Contract and Due Diligence Period

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Due Diligence Monies

There are many questions about Due Diligence Monies. What is the purpose, is it refundable, does it provide a strategic advantage and a few others? To help our clients understand more we have provided the following article to explain what Due Diligence is in North Carolina.

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Due Diligence Monies

In real estate transactions,in North Carolina, "due diligence monies" refer to the funds a buyer provides to the seller as part of the due diligence process. This money serves several important purposes:

Due diligence monies are a non-refundable payment made by the buyer to the seller during the due diligence period. It signifies the buyer's serious intent to move forward with the transaction while allowing them the time to conduct various inspections and investigations on the property.

The amount of due diligence monies is usually negotiable and can vary based on the property and market conditions. It often ranges from a few hundred to several thousand dollars.

The buyer and seller agree on the specific amount in the Offer to purchase contract.

 

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Purpose of Due Diligence

North Carolina is a buyer-beware state. This represents that the buyer is responsible for completing their property investigation, and the seller is not responsible for any undisclosed issue. 

Due Diligence is when the buyer may order inspections and obtain information about the property. This information will give the buyer all the information they need to make an informed decision. 

Learn more about the buying process.

Since the Seller is taking the house off the market the Due Diligence is an amount which will compensate the seller for time, tide up capital and the possibility the buyer may decide not to buy the property.

The Due Diligence Represents

Security for the Seller: This payment compensates the seller for taking the property off the market while the buyer conducts their investigations and inspections.

Commitment from the Buyer: It demonstrates the buyer's commitment to the transaction, creating a level of assurance for the seller that the buyer is serious about purchasing the property.

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Is the Due Diligence Fee Refundable?

The Due Diligence Money is not refundable. The check is made directly to the seller, who has full rights to the money at the time of signing.

Non-Refundable Nature

One key feature of due diligence monies is that they are non-refundable. If the buyer decides to back out of the deal during the due diligence period, they forfeit this payment to the seller.

Is the money a credit at closing?

Yes, if the buyer proceeds to closing, the due diligence money is credited toward the purchase price, helping to reduce the closing costs.

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Strategic Considerations

 

Buyers may leverage the amount of due diligence monies to strengthen their offers, particularly in competitive markets. A higher due diligence amount can signal serious intent and may make an offer more attractive to sellers.

Conversely, buyers should be cautious when determining the amount they are comfortable risking, as forfeiting these funds can be significant if they decide against the purchase. 

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The Obligations of Due Diligence Monies

Time Of Payment

The moment a buyer submits an offer to purchase with Due Diligence and the moment a seller signs, the money is due to the seller. 

What does this mean?

It's important to understand that the buyer is not just making an offer, but also taking on a legal obligation to pay the seller the Due Diligence. Even though the money is not handed over at the time of the offer, the buyer has a legal responsibility to the Due Diligence Monies. 

If the seller does not receive the Due Diligence monies on a timely basis, the seller has the right to engage an attorney to obtain possession of the monies, and the buyer is responsible for all attorney fees. This underscores the importance of prompt payment and the potential consequences of delay.

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Payment Timing of Due Diligence Monies

The due diligence monies are due immediately after the purchase agreement is signed.  If a buyer is out of state, they will check overnight and send the agent the tracking number. If the buyer is in-state, they will provide the check to the agent.

The check is made directly to the seller and delivered via overnight mail or by the real estate agent. The seller will then confirm receipt of the Due Diligence monies, marking an important step in the transaction process.

Due diligence monies are an essential element of the real estate buying process in North Carolina. They provide a layer of protection for sellers while giving buyers a defined period to conduct their evaluations. As with any financial commitment, buyers should carefully consider the amount and implications of due diligence monies before making an offer. Due diligence in real estate refers to a buyer's comprehensive process to assess a property before finalizing a purchase. In North Carolina, this process is critical to ensuring the buyer is well-informed about the property and potential issues, putting them in the driver's seat of their real estate transaction. 

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