613,494
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
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Pete Xavier
Pacific Palisades, CA
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Lynnea Miller
Bend, OR
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Debe Maxwell, CRS
Charlotte, NC
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Kathleen Daniels, Prob...
San Jose, CA
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Fred Griffin Florida R...
Tallahassee, FL
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Nina Hollander, Broker
Charlotte, NC
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Graziella Bruner
Detroit, MI
5,425,753
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.
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Anthony Acosta - ALLAT...
Atlanta, GA
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Lynnea Miller
Bend, OR
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Joseph Domino 480-390-...
Scottsdale, AZ
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Fred Griffin Florida R...
Tallahassee, FL
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Ron and Alexandra Seigel
Carpinteria, CA
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Kathleen Daniels, Prob...
San Jose, CA
5,584,078
everyone should have an attorney....don't play attorney....
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Joseph Domino 480-390-...
Scottsdale, AZ
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Debe Maxwell, CRS
Charlotte, NC
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PropertyMinder (Accele...
San Jose, CA
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Ron and Alexandra Seigel
Carpinteria, CA
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Graziella Bruner
Detroit, MI
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Roy Kelley
Gaithersburg, MD
3,405,470
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.
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Tony and Suzanne Marri...
Scottsdale, AZ
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Lynnea Miller
Bend, OR
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Joseph Domino 480-390-...
Scottsdale, AZ
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Fred Griffin Florida R...
Tallahassee, FL
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Eve Alexander
Tampa, FL
1,529,664
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.
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Pete Xavier
Pacific Palisades, CA
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Lynnea Miller
Bend, OR
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Fred Griffin Florida R...
Tallahassee, FL
3,988,138
That doesn't make sense. If the deadline is passed, is it passed.
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Lynnea Miller
Bend, OR
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Joseph Domino 480-390-...
Scottsdale, AZ
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Fred Griffin Florida R...
Tallahassee, FL
2,699,066
Too late. See an attorney about backing out of the contract, otherwise the buyer has to take it as-is.
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Lynnea Miller
Bend, OR
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Ron and Alexandra Seigel
Carpinteria, CA
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Debe Maxwell, CRS
Charlotte, NC
140,660
I would consult your broker or attorney.
Did the seller ever sign the repair addendum?
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Lynnea Miller
Bend, OR
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Debe Maxwell, CRS
Charlotte, NC
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Roy Kelley
Gaithersburg, MD
8,076,350
A good question for your broker.
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Lynnea Miller
Bend, OR
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Debe Maxwell, CRS
Charlotte, NC
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Ron and Alexandra Seigel
Carpinteria, CA
748,376
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.
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Eve Alexander
Tampa, FL
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Debe Maxwell, CRS
Charlotte, NC
6,616,273
May want an attny to point out what the contract states.
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Bob Crane
Stevens Point, WI
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Debe Maxwell, CRS
Charlotte, NC
531,376
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.
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Lynnea Miller
Bend, OR
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Fred Griffin Florida R...
Tallahassee, FL
5,136,853
I don;t know the laws or contract stuff in GA. Check with your broker and what does the contract say?
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Lynnea Miller
Bend, OR
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Ron and Alexandra Seigel
Carpinteria, CA
5,245,648
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.
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Lynnea Miller
Bend, OR
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Fred Griffin Florida R...
Tallahassee, FL
5,773,924
Agree with Barbara Todaro
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Lynnea Miller
Bend, OR
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Debe Maxwell, CRS
Charlotte, NC
1,642,807
I'm not in Georgia, but everything is negotiable. Yet, why buyers waited so long? They were not sure if they need those repairs?
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Lynnea Miller
Bend, OR
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Debe Maxwell, CRS
Charlotte, NC
2,227,216
Great question for your broker.
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Anthony Acosta - ALLAT...
Atlanta, GA
1,600,031
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.
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Debe Maxwell, CRS
Charlotte, NC
4,309,998
2,071,135
1,598,552
5,959,926
669,891
3,207,790
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.
4,800,282
I don't know the Georgia laws, but in Florida, this would certainly absolve the sellers of needing to make any repairs.
448,448
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.
5,417,563
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?
3,416,322
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
3,073,909
5,059,368
4,434,227
4,321,670
87,920
3,986,423