Have you heard people talk about Georgia’s “due diligence period” and wondered what it really means for you in Smyrna? You are not alone. This short window can protect your money and your peace of mind when you buy, but only if you use it well. In this guide, you’ll learn how due diligence works in Georgia, what to do in the first 48 hours, and how to negotiate repairs with confidence in Smyrna and Cobb County. Let’s dive in.
What the due diligence period is
In Georgia, the due diligence period is a negotiated window in your purchase contract that gives you the right to inspect the home and terminate for any reason within that window. The length and any related fees are set in your offer and agreed by the seller.
It is not set by state law. It is a contract term that you and the seller decide. If you end the contract during this period, your options and any refunds are controlled by the exact language in your agreement.
Due diligence vs. earnest money
These two items serve different purposes and are handled differently.
- Due diligence fee: Often paid directly to the seller at ratification. It is consideration for your unrestricted right to terminate during due diligence. If you cancel within the period, the seller typically keeps this fee. If you close, it is usually credited at settlement. Always confirm what your contract says.
- Earnest money (deposit): Usually held in escrow by a broker or closing attorney. Whether it is refundable depends on the contract’s contingencies and the timing of your termination. If you terminate properly within your rights, earnest money is typically returned to you. After deadlines expire, the seller may be entitled to the earnest money.
How long in Smyrna?
There is no single “standard.” In balanced conditions, you might see 10 to 14 days. In hotter segments of Smyrna, sellers often prefer shorter windows, such as 3 to 7 days, sometimes paired with higher due diligence fees. The right length for you depends on how quickly inspectors and your lender can perform, and how competitive the listing is.
Aim for a window that fits your inspection plan, HOA and title review, and appraisal scheduling. If you expect delays in scheduling, discuss a longer period with your agent before you write.
Build a smart timeline
Day 0–2: Set the table
- Calendar every deadline: due diligence end, loan commitment, appraisal, closing.
- Deliver due diligence fee and earnest money per the contract and get receipts.
- Book your general inspector immediately and add-on services you need.
- Order or request HOA documents, survey or plat, and title commitment.
Days 3–7: Inspect and verify
- Review the inspection report and photos.
- Order specialty inspections if indicated: termite/WDO, roof, HVAC, sewer scope, structural.
- Ask contractors for repair estimates so you have real numbers.
Mid-window: Negotiate or walk
- Decide whether to request repairs, a price reduction, a closing credit, or to terminate.
- Put requests in writing, supported by reports and estimates.
- Track response times. Sellers can accept, refuse, or counter.
Final 24–48 hours: Decide and document
- Confirm all open questions are answered.
- If you plan to terminate, send written notice per the contract before the deadline.
- If proceeding, finalize any agreed repairs and amendments in writing.
Inspections to prioritize
Start with a comprehensive home inspection and layer in specialty checks based on age, condition, and systems.
- General home inspection: structure, roof, plumbing, electrical, HVAC, interior/exterior.
- Termite/WDO inspection: common in the Southeast and sometimes required by lenders.
- Radon testing: consider if on your risk list.
- Sewer scope or septic inspection: especially for older homes or known septic systems.
- Roof and HVAC contractor reviews: helpful for older units.
- Lead-based paint disclosure and testing: for homes built before 1978 if you plan renovations.
- Asbestos or knob-and-tube checks: for certain older properties.
- Survey or boundary review: confirm fences, sheds, and easements.
- HOA documents: covenants, budgets, minutes, insurance, rental rules, and any pending assessments.
- Title commitment: look for liens, easements, or restrictions.
- Insurance and flood review: check flood maps and get insurance quotes early.
Negotiation tips that work in Smyrna
Sellers are not required to fix items unless your contract says so, but many deals land on repair credits or price reductions. Support your requests with written reports and at least one estimate. Focus on material issues that affect systems, structure, or safety.
Match your approach to the market heat. If a Smyrna home has multiple offers, keep requests concise and well-supported, and consider asking for a credit you can control rather than seller-performed repairs that could delay closing.
Protect your deadlines
You manage several timelines at once. Keep them aligned to avoid losing options.
- Confirm how the contract counts days and the exact end time.
- Keep financing and appraisal timelines coordinated with due diligence.
- Know the method for delivering termination or amendment notices.
- Confirm who holds earnest money and how releases are handled.
- Keep copies of all reports and receipts.
Local checks in Smyrna and Cobb
- Property taxes and parcel data: verify tax history and assessed value through county resources.
- Permit history: check Cobb County and City of Smyrna records for recent renovations.
- Flood and insurance: review flood maps and obtain insurance quotes.
- Utilities: confirm water, gas, and electric providers and connection status.
- HOA: request the full packet early and review for budgets, reserves, and rules.
- Commute and services: map out daily routes to major job centers and nearby parks or transit.
Mistakes to avoid
- Choosing a window that is too short to complete inspections and negotiations.
- Waiting to schedule inspections until mid-week.
- Letting due diligence expire before you have lender and appraisal clarity.
- Assuming HOA documents will arrive the same day. Request them immediately.
- Making broad repair requests without estimates or documentation.
Work with a local advocate
You deserve a calm, well-planned process. I coordinate inspectors quickly, keep deadlines on track, and help you decide when to request repairs, seek a credit, or move on. If you are relocating, I provide video walkthroughs, neighborhood context, and clear next steps so you feel prepared from day one.
Ready to plan your Smyrna due diligence timeline and write a competitive, protected offer? Let’s connect with Homes by Emily Kelly to get your strategy in place.
FAQs
What is Georgia’s due diligence period?
- It is a negotiated contract window that gives you the right to inspect and terminate for any reason within that time. Length and terms are set in your purchase agreement.
Is the due diligence fee refundable in Georgia?
- Typically no. It is paid to the seller as consideration for your termination right. If you cancel during the period, the seller usually keeps it. Earnest money is handled under the contract’s escrow rules.
How long should my Smyrna due diligence be?
- It depends on market conditions and scheduling. Many buyers aim for 10–14 days in balanced markets, and shorter windows in competitive scenarios.
What if major issues are found after due diligence ends?
- Your options may be limited unless another contingency applies. Schedule inspections early and leave time to respond before the deadline.
Can I negotiate repairs after due diligence?
- You can always ask, and some sellers agree, but they are not obligated unless your contract still requires it. Your leverage is generally stronger during the due diligence window.
How do financing and appraisal deadlines interact?
- They are separate from due diligence. Coordinate them so you do not lose termination rights on inspections before you have loan and appraisal clarity.
