You just went under contract on a Marietta home and the clock started ticking. The due diligence period is your protected window to look under the hood, ask for repairs or credits, and decide if this is the right home for you. When you know what to check and when to act, you lower stress and avoid costly surprises. This guide breaks down timelines, inspections, negotiations, and local steps that matter in Cobb County. Let’s dive in.
Georgia due diligence basics
In Georgia, the due diligence period is a negotiated number of calendar days in your purchase contract. During this time you can investigate the home and decide to proceed, negotiate repairs or credits, or terminate within the contract rules. There is no statewide law that sets a uniform period, so your rights are defined by the forms and deadlines you sign.
Your contract will spell out exactly how long you have, how to give written notice, and what happens to any fees or deposits. Read each deadline closely and follow the delivery instructions exactly. If you need help interpreting your contract, talk with your agent, the closing attorney, or a local real estate attorney.
Key contract deadlines
- Due diligence length: the number of calendar days you negotiate.
- Due diligence fee: a negotiated payment to the seller that is often nonrefundable. This is separate from earnest money.
- Earnest money: a deposit held in escrow to show good faith. What happens to it depends on your contract and performance.
- Notice requirements: how and when you must submit repair requests or termination in writing.
- Other protections: financing and appraisal contingencies may have their own dates that can overlap with due diligence.
Typical Marietta timelines
In Cobb County, due diligence windows commonly range from 7 to 10 days. In a hot seller’s market, you may see shorter periods like 3 to 5 days. Older homes or properties with septic systems often justify more time. Always align inspection timing with any financing or appraisal dates in your contract.
Here is a simple example timeline:
- Day 0: Contract is ratified. Due diligence begins. Handle any due diligence fee and earnest money per contract.
- Days 1–2: Schedule a general home inspection and any needed specialists such as termite, sewer scope, septic, or radon.
- Days 3–7: Complete inspections, review reports, and request HOA documents and title items.
- By the deadline: Deliver a written repair request or termination per the contract. If needed, request a written extension before time expires.
Inspections to prioritize
Start with the essentials, then add specialty checks based on the property.
Core inspections:
- General home inspection to review structure, roof, HVAC, plumbing, and electrical.
- Wood-destroying organism inspection. Georgia’s climate makes termite checks common. Some loans, such as VA, often require this report.
- Sewer lateral or septic inspection if applicable, especially for older homes.
- Roof and HVAC evaluations for age, condition, and remaining life.
Additional tests to consider:
- Radon testing for peace of mind.
- Mold or moisture checks for basements and crawlspaces.
- Well water testing if on a private well.
- Chimney and fireplace inspection.
- Pool or spa inspection, if present.
- Lead-based paint or asbestos testing for older homes if you plan renovations.
Tip: In older Marietta neighborhoods, build in time for specialists who understand local construction styles and soil conditions.
Title and documents
Due diligence covers more than the physical home. Review the legal and community details too.
- Title commitment: look for easements, liens, or restrictions.
- Survey: confirm lot lines and check for encroachments.
- HOA documents and fees: review covenants, rules, budgets, and transfer fees if the home is in an HOA.
- Permit history: search Cobb County and City of Marietta records for permitted work or possible unpermitted improvements.
Negotiation outcomes
By the due diligence deadline, you will choose one of a few paths:
- Accept the home as-is and move toward closing.
- Request repairs, seller credits toward closing costs, or a price reduction in writing.
- Reach a written agreement on concessions with the seller.
- Terminate under your contract’s inspection clause. Depending on the agreement, you may be entitled to a return of earnest money, separate from any nonrefundable due diligence fee.
Sellers often prefer credits or price reductions over managing repairs. For major issues, you might require licensed contractors, proof of permits, or re-inspections.
Protect earnest money
Your contract controls what happens to earnest money if there is a dispute or a termination. The closing attorney or title company usually holds funds in escrow until both parties agree or a court orders a release. A nonrefundable due diligence fee, if negotiated, is typically not returned if you terminate, even if your earnest money might be.
To protect yourself, meet every deadline and deliver notices in the exact form required. Keep copies of all reports and communications.
Marietta buyer checklist
Right after ratification:
- Verify the effective date and calendar every deadline.
- Deliver any due diligence fee and earnest money as the contract requires.
- Book a licensed general inspector within 24 to 48 hours.
- Order a termite report and schedule sewer or septic inspections as needed.
- Request HOA documents if applicable.
- Ask the closing attorney or title company for a preliminary title commitment.
- Search Cobb County and City of Marietta permit records for recent work.
Local contacts to line up:
- Licensed home inspectors active in Cobb County.
- Closing attorney or title company for escrow and title.
- Cobb County Community Development and Tax Assessor for records and parcel info.
- City of Marietta Building and Code for permits within city limits.
- Licensed pest control companies for follow-up if a WDO report recommends treatment.
Reasonable time asks:
- Typical single-family homes often need about 7 to 10 days.
- Older homes, septic systems, or specialty testing may require extra time or staggered deadlines.
Keep this documentation:
- Executed purchase contract and all addenda.
- Inspection reports, repair requests, extensions, and related emails.
- Receipts and records for any agreed repairs or seller credits.
Avoid common pitfalls
- Missing deadlines. Track every date and send written notices to the correct recipient.
- Relying on verbal agreements. Put all repairs, credits, and extensions in writing.
- Skipping specialty inspections. Termite and sewer or septic checks can prevent big surprises.
- Confusing fees. Know the difference between a due diligence fee and earnest money.
- Ignoring title exceptions or surveys. Easements and encroachments can limit plans for the property.
What to do next
Map your inspections on day one, then prioritize the highest risk items first. If you need more time for a specialist report, request an extension in writing before your deadline. Align your inspection, appraisal, and loan dates so they do not conflict. Above all, keep communication timely, written, and organized.
If you want a calm, step-by-step plan for your Marietta purchase, connect with Lisa Swann to schedule a Free Consultation. Our local team will help you set smart timelines, coordinate inspections, and negotiate with confidence.
FAQs
What is the Georgia due diligence period in home buying?
- It is a negotiated window in your contract to inspect the property, request repairs or credits, or terminate within the agreed rules and deadlines.
How long is a typical due diligence period in Marietta?
- Many buyers negotiate 7 to 10 days, though hotter markets may see shorter periods like 3 to 5 days.
What is the difference between a due diligence fee and earnest money?
- A due diligence fee often compensates the seller and may be nonrefundable, while earnest money is an escrow deposit whose return depends on contract performance.
Which inspections should Cobb County buyers prioritize first?
- Start with a general home inspection and a termite or WDO report, then add sewer or septic, roof, HVAC, and any needed specialty tests based on the home.
Can I cancel after the due diligence deadline passes?
- Typically your right to terminate for inspection reasons ends when the deadline passes, unless you have another contingency or a written extension.
How do repair requests work under Georgia contracts?
- You submit a written repair request or credit addendum by the deadline, then the seller can accept, counter, or refuse and you decide how to proceed.
Is a termite report required to buy a home in Georgia?
- While not always required, termite reports are common and some loan programs, such as VA loans, often require a WDO inspection report.
