Buying a home in Fulton County is exciting, but the clock starts ticking fast once your offer is accepted. The due diligence period is your short window to check the property, line up financing details, and decide if you will move forward. If you use it well, you protect your money and your peace of mind. In this guide, you will learn what due diligence means in Georgia, how it works in Fulton County, and the exact steps to take from day one. Let’s dive in.
What due diligence means in Georgia
In Georgia, the due diligence period is a negotiated time in your purchase contract that lets you investigate the home and decide whether to proceed. It is separate from other deadlines like your loan commitment date or closing. Your rights during this period come from the written contract, so the wording matters.
Most contracts start counting the due diligence period after both parties sign. Confirm whether your contract uses calendar days or business days and confirm the exact start and end dates. Common lengths range from 7 to 15 days, but complex homes may need a longer window.
Many Georgia contracts give you an unconditional right to terminate during due diligence. If you cancel before the deadline and follow the contract’s notice rules, your earnest money is usually returned according to the contract. Once the period expires, it is harder to exit without risking earnest money.
Two different payments often appear in offers:
- Due Diligence Fee (DDF): A negotiated payment to the seller for granting you an exclusive inspection and termination window. It is often nonrefundable if you cancel, and it may be credited at closing if you proceed. Treatment varies, so check your contract.
- Earnest Money: Held in escrow by an attorney or title company. Whether it is refundable depends on your contract and timing of any termination.
Remember that financing, appraisal, and HOA document review are separate protections. If you want those safety nets, they must be written into the contract or aligned with your due diligence deadline.
How many days you need
Typical due diligence periods run 7 to 15 days. If the property is older, has a septic or well, or shows signs of major renovation, you may request 14 to 21 days. In multiple-offer situations, a shorter period or a DDF can make your offer more competitive, but that also increases your risk. Balance speed with the time needed to complete inspections and review records.
Your due diligence game plan
Speed matters. The goal is to collect enough information to either proceed, renegotiate, or terminate before the deadline.
Day 0 to 3: Launch your inspections and records
- Order a general home inspection immediately. Include structure, roof, HVAC, plumbing, and electrical. Review seller disclosures so the inspector can target known concerns.
- Schedule specialty inspections as needed. Examples include termite, radon, roof, mold, chimney, HVAC servicing, and a sewer scope for older lines or homes with recurring backups. If the home has a well or septic, plan water testing and a septic inspection.
- Open title work. Order a title commitment to uncover liens, easements, judgments, and confirm the seller’s authority to convey. Ask about the deed type and any boundary questions.
- Start insurance quotes. Older roofs or prior claims can affect insurability and cost.
- Coordinate with your lender. Make sure appraisal and loan steps are underway and that deadlines align with your due diligence window.
Day 4 to 7: Deepen your review
- Survey and boundaries. Review any existing survey. If you see fence, drainage, or siting questions, consider ordering an updated boundary survey.
- HOA documents. Request covenants, rules, budgets, meeting minutes, and details on transfer fees or special assessments. Verify whether your contract includes a separate HOA review period.
- Permits and renovation history. Check local building records for major work like additions, decks, electrical, and plumbing. Confirm that permits were pulled and inspections passed.
- Local records and encumbrances. Look for code enforcement actions, open violations, or property tax delinquencies. Confirm utility providers and any access agreements for shared driveways or gates.
Day 7 to deadline: Make your decision
- Get written estimates. If inspections reveal issues, request contractor quotes to support repair or credit requests.
- Prioritize your asks. Separate safety and system concerns from cosmetic items. Prepare a clear list of requested repairs, credits, or a price reduction.
- Decide on your path. Proceed as-is, renegotiate, request a due diligence extension, or terminate within the deadline. Follow the exact notice method in your contract and keep everything in writing.
Sample 10-day timeline
- Day 0: Order general inspection, title work, HOA docs. Pay any agreed due diligence fee.
- Days 1 to 3: Complete general inspection. Schedule specialty tests. Review preliminary title.
- Days 4 to 7: Review reports. Order survey if needed. Pull permits and code records.
- Days 7 to 9: Collect estimates. Confirm insurance quotes. Finalize your repair or credit list.
- Day 10: Send written notice to proceed, renegotiate, request an extension, or terminate.
Fulton County checks that matter
Fulton County includes many cities and unincorporated areas. Building permits, inspections, and code enforcement records are handled by the city where the property is located. Always contact the correct local office for the address you are buying.
Here are local checks to prioritize:
- Permit and code history: Request records from the city’s building department, such as the City of Atlanta, Sandy Springs, Roswell, Alpharetta, Johns Creek, Milton, or South Fulton. Ask for permits, passed inspections, open permits, and code enforcement cases.
- Property taxes and exemptions: Review assessed value, tax history, and whether a homestead exemption is in place since it can affect prorations at closing.
- Recorded documents and liens: Search recorded deeds, mortgages, and judgments through the appropriate county recording office. Your title company or attorney will lead this, but it helps to understand the process and timelines.
- Floodplain and stormwater: Check county or city GIS for floodplain overlays. Ask about any drainage or stormwater easements that could affect improvements.
- Zoning and allowed uses: Confirm zoning and whether plans like an accessory structure, home-based business, or short-term rental fit local rules.
- Utilities: Verify providers for water and sewer and whether any transfer fees or balances apply. In more urban areas, homes are often on municipal sewer. In some locations, septic or private wells may be present.
- Aging infrastructure considerations: In certain neighborhoods, older clay sewer lines may be present. A sewer scope can be a smart early test.
Local professionals with Fulton County experience can make a difference. Ask your agent to connect you with home inspectors, septic and well specialists, roofing pros, insurance agents, and a real estate attorney who understand the county’s processes and timelines.
Negotiating after inspections
Once you have reports and estimates, choose the path that best fits your goals:
- Proceed as-is. Move forward without repairs or concessions.
- Request repairs. Ask for specific items with clear standards and timelines.
- Request a credit. Close as planned and receive a credit at closing to offset repair costs.
- Request a price reduction. Adjust the purchase price to reflect the needed work.
- Ask for an extension. Extend the due diligence period to gather bids or complete more testing.
- Terminate. If your contract allows termination during due diligence, you can cancel and protect earnest money according to the contract. Treatment of any due diligence fee depends on your agreement.
The due diligence fee can affect leverage. Sellers who receive a meaningful DDF may feel protected and could be less open to multiple or smaller repair requests. Confirm in writing whether the DDF will be credited at closing or retained by the seller if you cancel.
Avoid common pitfalls:
- Missing deadlines. Late notices can waive rights. Put the deadline on your calendar and set reminders.
- Relying on verbal promises. Put all agreements in writing with signed addenda.
- Misaligned dates. Make sure your loan, appraisal, and due diligence timelines work together to protect you.
If title defects, boundary disputes, complex easements, or escrow disputes appear, involve a Georgia real estate attorney with Fulton County experience.
Pro tips to stay protected
- Read your contract line by line. Confirm start and end dates, whether days are calendar or business, and how DDF and earnest money are treated.
- Act on day one. Order the general inspection, start title work, and schedule specialty tests early.
- Keep everything in writing. Use the notice methods listed in your contract and save receipts and reports.
- Plan for long-lead tests. If you anticipate septic, well, or specialty structural reviews, ask for a longer due diligence period at the offer stage.
- Coordinate with your lender. Do not assume the due diligence period covers financing or appraisal. Make sure those protections are written into the contract if you need them.
- Ask local questions. In Fulton County, always check city-level permits and code enforcement in addition to county resources.
Buying in Fulton County can move fast, but a strong due diligence plan puts you in control. If you want a local guide who will help you prioritize inspections, align deadlines, and negotiate with confidence, connect with Latrice Mitchell for step-by-step support.
FAQs
How long should a Georgia due diligence period be for Fulton County buyers?
- Typical periods are 7 to 15 days, with 14 to 21 days common for older homes or those with septic or wells.
What inspections are essential during due diligence in Georgia?
- Must-do items include a general home inspection and title review, with termite, sewer scope, well, and septic inspections strongly recommended when applicable.
What is a due diligence fee in Georgia and do I get it back?
- It is a negotiated payment to the seller for the inspection window and is often nonrefundable if you cancel, though it may be credited at closing depending on your contract.
What if my inspector finds major problems during due diligence?
- You can ask for repairs or a credit, renegotiate the price, seek an extension to get bids, or terminate if your contract allows it.
Does due diligence cover financing and appraisal issues in Georgia?
- Not automatically, so include financing or appraisal protections in writing and align those deadlines with your due diligence period.
What happens if the due diligence deadline passes before I finish my checks?
- You may lose the right to cancel without penalty, and any extension would require seller agreement.
Who pays for repairs discovered during due diligence in Fulton County?
- The seller pays only if they agree to make repairs or provide a credit, so negotiate terms in writing.
