If you’re relocating to North Carolina from another state, you’re probably familiar with real estate contracts that include multiple contingencies – inspection contingencies, financing contingencies, appraisal contingencies. But here’s what might surprise you: North Carolina real estate contracts work completely differently.
Instead of traditional contingencies, North Carolina uses something called a due diligence period – and understanding this unique system could save you thousands of dollars and protect your interests as a buyer.
What is a Due Diligence Period?
The due diligence period is a negotiated timeframe during which you, as the buyer, have the right to investigate every aspect of the property and terminate the contract for any reason. Think of it as your window to do all your homework on the home.
During this period, the seller effectively takes the property off the market and is contractually obligated to sell to you. In return, you pay a due diligence fee directly to the seller upon contract execution.
What Can You Do During Due Diligence?
The due diligence period allows you to complete all necessary investigations, including:
- Professional home inspections
- Appraisal
- Loan approval
- Review of HOA documents
- Survey review
- Title examination
- Neighborhood research
- Repair negotiations
Essentially, anything you need to feel confident about your purchase should happen during this time.
How Due Diligence Fees Work
The due diligence fee is negotiable and paid directly to the seller when you sign the contract. Here’s how it works:
If you complete the purchase: The fee is credited back to you at closing. If you terminate during due diligence: The seller keeps the fee as compensation for taking their home off the market.
This fee is negotiable and a competent real estate agent can help you determine what fee makes the most sense in your situation.
Due Diligence vs. Earnest Money
North Carolina contracts also include earnest money deposits, which many out-of-state buyers are more familiar with. Here’s the key difference:
Due Diligence Fee:
- Paid immediately upon contract execution
- Non-refundable if you terminate
- Credited to you at closing if you buy
Earnest Money:
- Deposited into escrow within 5 days
- Refundable through the due diligence date
- Becomes non-refundable after due diligence expires
- Credited to you at closing if you buy
Why This System Benefits Everyone
For Buyers: You have flexibility to walk away for any reason during due diligence, giving you complete control over your decision.
For Sellers: They receive compensation if you decide not to proceed, protecting them from the costs of taking their home off market.
Common Mistakes Out-of-State Buyers Make
1. Negotiating Too Short a Due Diligence Period Don’t underestimate how long inspections, appraisals, and loan processing take. Work with your agent to negotiate adequate time.
2. Not Understanding the Fee Structure Make sure you’re comfortable with the due diligence fee amount and understand it’s at risk if you terminate.
3. Assuming Traditional Contingencies Apply North Carolina contracts don’t have inspection or financing contingencies – everything happens within due diligence.
Tips for Success
Work with a Local Expert: Choose a Realtor who understands North Carolina’s unique contract structure and can guide you through the process.
Plan Your Timeline: Coordinate with inspectors, lenders, and other professionals to maximize your due diligence period.
Negotiate Strategically: The length of due diligence and fee amount are both negotiable – use them as tools in your offer strategy.
Stay Organized: Keep track of all deadlines and requirements during your due diligence period.
Why Location Matters
If you’re considering coastal North Carolina areas like Wilmington, Wrightsville Beach, or surrounding communities, working with an agent who understands both the due diligence process AND local market nuances is crucial. Coastal properties often have additional considerations like flood zones, insurance requirements, and rebuilding rights that need careful evaluation during due diligence.
Ready to Navigate North Carolina Real Estate?
Understanding the due diligence period is just the beginning. When you’re ready to start your home search in coastal North Carolina, having an experienced local agent who can protect your interests throughout this unique process makes all the difference.
Whether you’re relocating for military service, retirement, or simply drawn to our coastal lifestyle, I’m here to help you navigate North Carolina real estate with confidence.
Ready to learn more about buying a home in coastal North Carolina? Contact me for a complimentary buyer consultation where we’ll discuss your specific needs and timeline.
*Not intended to be legal advice. Please consult an attorney for legal advice.
Hi there!
Hi, I'm Kim Crouch, and I help people and investment entities buy and sell their homes in Wilmington and coastal southeast North Carolina!
Let's Meet
Contact
910-679-6072
1001 Millitary Cutoff Rd Suite 101
Wilmington, NC 28403
kim@thecoastalrealestategroup.com
Buy
success stories
Sell
All Articles
schedule your free consultation