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Rainmaker
509,741
Mike & Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

This is a common sense question...it is a simple contract question.

If you have a signed contract with a deadline at midnight for your due dilligence, that is when your "opportunity" for repair request drops dead.

UNLESS....you discussed it prior with the seller/sellers agent and they agreed you could send it the next day. 

If you were short on time, you could have asked for an extension on your due dilligence period.

Eve

Apr 17, 2018 10:37 AM
Ambassador
2,749,555
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

I know in North Carolina, 'deeds, and not words, are what count.' AKA, if you missed the deadline, seller has zero obligation to repair anything. 

I will say that 99% my sellers will do the right thing though - and do what they said they were going to do.

Apr 17, 2018 02:42 PM
Rainmaker
4,466,084
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
"Franklin MA Homes"

everyone should have an attorney....don't play attorney....

Apr 17, 2018 10:28 AM
Rainmaker
2,649,378
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

The importance of knowing the contract timeline - when things must be done and the importance in getting them done timely or asking for an extension of time, if needed.

Apr 17, 2018 02:42 PM
Rainmaker
1,111,601
Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I'm with Mike & Eve Alexander on this one.  It might kill the deal though.  Best to consult with the state's legal line though just to be safe.  It's always helped me when talking to other agents to have "this is what CAR Legal said" preceeding the discussion.

Apr 17, 2018 05:04 PM
Ambassador
3,863,964
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

That doesn't make sense. If the deadline is passed, is it passed.

Apr 17, 2018 04:33 PM
Ambassador
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Fred Griffin
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

   Too late.  See an attorney about backing out of the contract, otherwise the buyer has to take it as-is.  

Apr 17, 2018 12:21 PM
Rainmaker
128,183
Richard L. McKinney P.A.
Atlantic Shores Realty Expertise - Port St Lucie, FL
For Results that MOVE you on the Treasure Coast!

I would consult your broker or attorney. 

Did the seller ever sign the repair addendum?

Apr 17, 2018 10:23 AM
Rainmaker
4,802,911
Roy Kelley
Realty Group Referrals - Gaithersburg, MD
Roy and Dolores Kelley Photographs

A good question for your broker.

Apr 17, 2018 10:11 AM
Rainmaker
325,227
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

I don't know about Georgia, but in Oregon the deadline is the deadline.  If the addendum was not signed in time, there is no obligation for the seller to do anything.

Apr 17, 2018 08:19 PM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams fox cities - Stevens Point, WI
Forestland Experts! 715-204-9671

May want an attny to point out what the contract states.

Apr 17, 2018 07:55 PM
Rainmaker
115,341
Joseph Domino 480-390-6011
HomeSmart - Scottsdale, AZ
Real Estate Made Easy

Of course, without having a copy of the contract that the two parties signed it is impossible to know for sure.

It is my understanding that the standard Georgia Association of Realtors contract contains a "Time is of the Essence" clause. That statement says that the dates and times specified in the contract are absolute and not subject to interpretation. If they used the standard boilerplate language it probably is too late for the buyer.

Again, contract language will prevail.

 

Apr 17, 2018 04:59 PM
Ambassador
3,692,117
Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

I don;t know the laws or contract stuff in GA. Check with your broker and what does the contract say?

Apr 17, 2018 02:55 PM
Rainmaker
2,580,932
Nina Hollander
Coldwell Banker Residential Brokerage | Charlotte, NC - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

I don't know how it works in Georgia, but in NC if you miss the due diligence date it's too bad, too sad for the buyer.

Apr 17, 2018 12:17 PM
Rainmaker
3,910,590
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Agree with Barbara Todaro 

Apr 17, 2018 11:31 AM
Rainmaker
1,395,582
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

I'm not in Georgia, but everything is negotiable. Yet, why buyers waited so long? They were not sure if they need those repairs? 

Apr 17, 2018 10:33 AM
Rainmaker
724,081
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Great question for your broker.

Apr 19, 2018 10:33 AM
Rainmaker
851,338
Thomas J. Nelson, Realtor, ePRO, CRS, RCS-D
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

I'm a CA man. We get deals done son; control those clients. He agreed, keep him agreed. If you want out, then you have the smoking gun to get you out.

Apr 17, 2018 08:15 PM
Rainmaker
2,466,613
John Pusa
Berkshire Hathaway Home Services Crest - Glendale, CA
Your All Time Realtor With Exceptional Service

Many great responses.

Apr 17, 2018 03:34 PM
Rainmaker
3,695,106
Joan Cox
Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I would have extended the deadline, to be sure you remain in contract.

Apr 20, 2018 08:41 AM
Rainmaker
391,229
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

yes.

Apr 18, 2018 09:33 PM
Ambassador
2,767,752
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

If both buyer and seller sign an amendment it's still in force.  Due diligence period in Georgia has ZERO to do with when repairs can be requested or denied or agreed to.  It's simply a time when a buyer may withdraw from the contract for any or no reason at all and be entitled to a full refund of their EMD.  Buyer may unilaterally terminate with no other signature during this period.

However if it isn't signed then the buyers have basically agreed to accept property in as is condition according to the contract.  Sellers are under no obligation to even consider and buyers if qualified are even opening themselves to potential specific performance law suit.

*this is not legal advice, I'm not an attorney, nor do I play one on TV. However I am a broker and instructor in Georgia. 

PS- life lesson.  In the future have your buyers terminate and then write a new offer in the morning. 

Apr 18, 2018 01:45 PM
Rainmaker
4,473,726
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I don't know the Georgia laws, but in Florida, this would certainly absolve the sellers of needing to make any repairs.

Apr 18, 2018 06:31 AM
Rainer
177,210
J.R. Schloemer, CRS
Kentucky Select Properties - Louisville, KY

I am not licensed in GA, but I think the answer lies within your question. I am not a member of the GA Bar, but like Barbara Todaro stated, everyone needs an attorney. Contact your PB as well. 

Apr 18, 2018 06:18 AM
Rainmaker
2,813,294
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Question for an attorney. While the explanation appears to be simple, does your state have a doctrine of deminimus breach if there are proper circumstances?

Apr 18, 2018 06:01 AM
Rainmaker
2,743,008
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of Manchester NH's Leading Agents

If the time expired, the seller doe snot have to do anything. The buyer broker messed up plain and simple as if the reprot was late, they should have got an extension

Apr 18, 2018 05:29 AM
Rainmaker
2,988,601
Tony and Suzanne Marriott, Associate Brokers
BVO Luxury Group @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Kathleen Daniels nailed this one!

Apr 18, 2018 05:23 AM
Rainmaker
2,583,432
Richard Weeks
Dallas, TX
REALTOR®, Broker

I don't live in GA; however, I doubt it.

Apr 18, 2018 05:09 AM
Rainer
1,240
UAE Techncian
UAE Technician - Atlantic Beach, SC
UAE Technician is a Computer Repair Service

UAE Technician is a service provider for all your Technical needs in Dubai. Ranging from Network Solutions to IT Support, we cater various areas by keeping in mind your requirements. Experience of many challenging years with continuous innovation has made our presence prominent in this industry. We thrive on our Customer’s comfort and satisfaction. Our excellence in every solution is due to our Team of Experts which has taken us to the zenith on their skillful shoulders.

Apr 18, 2018 04:00 AM
Rainmaker
4,181,311
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good luck.

Apr 18, 2018 03:01 AM
Ambassador
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Checking other responses. Thanks for asking this Q.

Apr 17, 2018 10:51 PM
Rainmaker
67,950
Jeff Perlis Prime Properties
Prime Properties - Lake Arrowhead, CA
Experience Your Own Transformation!

If all contingencies are removed, you are done. Why did they wait?

Apr 17, 2018 10:27 PM
Rainmaker
3,737,097
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Follow the contract!

Apr 17, 2018 08:26 PM