BIC TIP #1253: Repair Requests After the DD Date

Five o’clock on the due diligence date has come and gone, and now the buyer wants repairs. Is it too late? According to Stephen Long, a buyer can ask for repairs right up until closing. What changes after the deadline is not the right to ask. It is the buyer’s leverage.

The Myth of the Hard Repair Deadline

A lot of agents and consumers believe the Due Diligence Request and Agreement must be executed before the due diligence deadline, or the window for repairs slams shut forever.

Getting repairs negotiated before that deadline is certainly ideal. But nothing prevents a buyer from asking for additional repairs after the due diligence date. They can ask right up until closing.

Asking Is Not the Same as Getting

Of course, being allowed to ask does not mean the seller has to agree. Stephen points out that sellers have never been obligated to repair anything beyond what they agree to fix in the Due Diligence Request and Agreement.

That was true before the deadline and it remains true after. If the seller chooses to fix something after the due diligence period, they can. If they decline, that is their right.

What Really Changes After DD

The big difference is the buyer’s ability to walk away. Before the due diligence date, the buyer can terminate for any reason or no reason at all. That gives the buyer real negotiating power during due diligence.

After the deadline passes, that right is gone. If the buyer terminates at that point, their earnest money could be subject to forfeiture to the seller. So a post-DD repair request carries less weight, because the threat of walking away now comes with a real cost. If your buyer is considering termination after the deadline, slow down and consult your broker-in-charge or a real estate attorney.

The Practical Takeaway

Buyers can request repairs after the due diligence date, and sellers can choose to make them. But once the deadline passes, the buyer loses the right to terminate for any reason, and earnest money may be at risk. Encourage buyers to complete inspections and negotiate repairs before due diligence ends, while their leverage is strongest.

This BIC Tip is general real estate education for licensees and consumers, not legal, tax, or financial advice. Rules and forms change, so verify current NCREC rules, MLS rules, and standard forms, and consult a North Carolina attorney or qualified professional about your specific situation. See Disclaimers & Disclosures.