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

This is a common sense 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. 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.


Apr 17, 2018 10:37 AM
Debe Maxwell, CRS | 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
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
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
Ryan Huggins - Thousand Oaks, CA - 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
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
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
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
Roy Kelley
Realty Group Referrals - Gaithersburg, MD
Roy and Dolores Kelley Photographs

A good question for your broker.

Apr 17, 2018 10:11 AM
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
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
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
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
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
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Agree with Barbara Todaro 

Apr 17, 2018 11:31 AM
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
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Great question for your broker.

Apr 19, 2018 10:33 AM
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
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
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
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust


Apr 18, 2018 09:33 PM
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
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
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
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
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
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
Richard Weeks
Dallas, TX
REALTOR®, Broker

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

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

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

Good luck.

Apr 18, 2018 03:01 AM
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
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
William Feela
Realtor, Whispering Pines Realty 651-674-5999 No.

Follow the contract!

Apr 17, 2018 08:26 PM