What happens during the due diligence period in Georgia?
The due diligence period is a negotiated window — usually 7 to 10 days — during which a Georgia home buyer can inspect the property, review documents, and cancel the contract for any reason with a full earnest money refund. Once it expires, that right disappears.
If you’re under contract on a home in Newnan or anywhere in Coweta County right now, the due diligence period is the most important stretch of your entire transaction. It’s short, it’s easy to misunderstand, and it’s the one window where you can walk away from a deal with your earnest money intact — no questions asked. I’m Mark Robertson, a REALTOR® with the R&R Team at Berkshire Hathaway HomeServices Georgia Properties, and I walk buyers through this exact process every week across Newnan, Sharpsburg, Senoia, and the broader South Metro Atlanta market. Here’s what you actually need to know.
What Is the Due Diligence Period in a Georgia Real Estate Contract?
The due diligence period is a clause built into the standard Georgia Association of REALTORS® (GAR) Purchase and Sale Agreement. It gives the buyer an unrestricted right to terminate the contract, for any reason or no reason at all, before a specific deadline — with earnest money fully refunded.
There is no state-mandated length for this period. It’s negotiated between buyer and seller as part of the offer, which means the exact number of days on your contract could look very different from your neighbor’s. In competitive markets, sellers often push for a shorter window; in a slower market, buyers have more room to ask for additional time.
When Does the Due Diligence Period Begin?
The due diligence period begins on the Binding Agreement Date — the date both the buyer and seller have signed and delivered the fully executed contract. That’s Day 1. This is not the day you made your offer, and it’s not the day the seller verbally agreed. It’s the date of the fully executed contract in writing.
Written notice of termination must be delivered to the seller or their agent before the deadline expires. Verbal conversations don’t count — your agent must submit termination in writing before the clock runs out. Confirm your Binding Agreement Date with your agent the moment you go under contract.
How Many Days Do Buyers in Newnan and Coweta County Typically Get?
Most contracts I write across Coweta County fall somewhere between 7 and 10 days, though I’ve seen everything from 3 days in a multiple-offer situation to 14 days on a home that needs a closer look. As of late spring 2026, homes in Newnan were going under contract in roughly 27 days on average, while the wider Coweta County market was seeing closer to 90 days on market — a gap that reflects how much timing and pricing strategy varies by neighborhood and price point right now.
That variability matters because your due diligence timeline should match the complexity of the property, not just the pace of the market. A newer home in a Senoia subdivision with a recent inspection history is a different conversation than an older property in Grantville on a private well.
Due Diligence Fee vs. Earnest Money: Know the Difference
This is the question I get most often from buyers, and it’s one of the most important things to understand before you sign anything in Georgia.
The Due Diligence Fee
The due diligence fee is paid directly to the seller — not held in escrow. It compensates the seller for taking their home off the market while you conduct your investigation. It is non-refundable under any circumstances. If you terminate the contract during the due diligence period for any reason — even a legitimate one like a major inspection finding — the seller keeps it.
Think of it as the cost of your free-look window. In the current Coweta County market, due diligence fees typically range from a few hundred dollars on lower-priced properties to $1,000–$2,500 or more on higher-priced listings. The amount is negotiated and specified in the contract. In competitive situations, buyers sometimes offer a higher due diligence fee to make their offer more attractive to the seller.
Earnest Money
Earnest money is held in escrow — typically by the listing broker or a closing attorney — and applied toward your purchase price at closing. If you properly terminate the contract before the due diligence deadline with written notice, your earnest money is returned to you in full.
If you miss the deadline and try to terminate after, your right to a no-explanation exit is gone — and your earnest money may be at risk depending on whether another contract contingency covers your situation.
| Due Diligence Fee | Earnest Money | |
|---|---|---|
| Paid to | Seller directly | Held in escrow |
| Refundable if you terminate before deadline? | No — never | Yes — in full |
| Refundable if you terminate after deadline? | No | Generally no |
| Applied to purchase price at closing? | Sometimes (negotiated) | Yes |
What Should Buyers in Coweta County Inspect During Due Diligence?
This is the working list I give every buyer client the day we go under contract, because the clock starts immediately.
- General home inspection. Schedule this the same day the contract is fully executed — structural, roof, HVAC, plumbing, and electrical systems all get evaluated. The best inspectors in South Metro Atlanta book out 3–5 days in advance, so don’t wait.
- Wood-destroying organism (termite) report. Standard across Georgia and often required by lenders. Termite pressure is real in Coweta County.
- Well and septic checks, where applicable. Several properties across Coweta County’s more rural pockets — Grantville and outlying Senoia among them — rely on well water and septic systems. Those deserve their own dedicated inspection, not a general once-over.
- Radon and sewer scope, if warranted. Not every home needs these, but older properties or homes with finished basements are worth the extra look. Radon tests typically run $125–$250; sewer scopes $250–$400, and are especially recommended for homes 20+ years old.
- Pool inspection, if applicable. Budget $200–$400 and schedule it immediately — don’t let it fall off the list.
- Seller’s Property Disclosure Statement (GAR F301). Georgia sellers are required to complete this form disclosing known material defects. Review it carefully with your agent. Georgia is a buyer-beware state — the seller’s obligation is to disclose what they know. It’s your job to discover what they may not.
- Title search. Confirms there are no liens, unresolved easements, or ownership issues that could complicate closing.
- HOA documents, where applicable. Budgets, reserves, rules, and any pending special assessments should be reviewed before your deadline, not after. In Newnan and Sharpsburg subdivisions, transfer fees and HOA restrictions can significantly affect your day-to-day ownership experience.
Every one of these should be underway within the first day or two of your due diligence period — there usually isn’t time to wait and see.
Can I Negotiate Repairs During Due Diligence?
Yes — and this is where most buyers get real value out of the process. If your inspection turns up issues, you generally have three options before the deadline: ask the seller to make repairs, ask for a price reduction or closing cost credit, or terminate the contract and get your earnest money back.
Sellers are not obligated to agree to repair requests. Georgia contracts don’t require it — the leverage comes from your ability to walk away if the two sides can’t reach an agreement before the deadline. Any agreed-upon repairs are memorialized in a separate Amendment to Address Concerns form, which must be signed by both parties. For anything safety- or code-related, I generally advise buyers to request that repairs be completed by a licensed contractor with receipts or permits provided before closing, rather than accepting a credit and hoping it gets handled later.
Your inspection results do not give you the automatic right to demand repairs. You have the right to terminate. Repairs are negotiated.
What Happens If I Miss the Due Diligence Deadline?
This is the part that catches people off guard. Missing the deadline — even by a single day — changes everything. Once the due diligence period expires, your right to terminate for property condition or “any reason” is gone. From that point forward, your ability to cancel is generally limited to a handful of specific contingencies written into your contract, such as financing falling through or a genuine title defect.
If you walk away after the deadline without one of those specific, contractual grounds, you typically forfeit your earnest money to the seller. That’s why I build in a calendar reminder — not just a mental note — the moment a client and I agree to a due diligence deadline.
Common Mistakes Georgia Buyers Make During Due Diligence
1. Waiting to book inspections. The clock is running from Day 1. Book your home inspector the same day the contract is executed — don’t wait to “see how things feel.”
2. Confusing the due diligence fee with earnest money. You will not get your due diligence fee back under any circumstances. Budget for it before you make an offer.
3. Relying on verbal communication. Your agent must deliver written notice of termination before the deadline. A phone call to the listing agent does not protect your earnest money.
4. Expecting the seller to fix everything. Your inspection results are information, not an obligation the seller must fulfill. Negotiate strategically, and know when to walk if the numbers don’t work after repairs or credits are factored in.
5. Not reading the HOA documents. HOA restrictions, special assessments, and financial health issues are discovered during due diligence — not at closing. Review them before your deadline, not after.
Is It Ever a Good Idea to Waive Due Diligence in a Competitive Newnan Market?
Some buyers, hoping to strengthen an offer in a multiple-offer situation, consider waiving due diligence altogether or shortening it dramatically. I generally don’t recommend fully waiving it — even a short 3-to-5-day window still gives you a chance to catch a major structural or systems issue before you’re financially committed. If competitiveness is a concern, a shorter due diligence period paired with a pre-listing inspection review (when the seller has one available) is usually a safer middle ground than waiving your protection entirely.
Due Diligence at a Glance
| Question | Answer |
|---|---|
| Who sets the length? | Negotiated between buyer and seller — no Georgia statute sets it |
| Typical range in Coweta County | 7–10 days, with 3–14 days seen depending on the deal |
| When does it begin? | The Binding Agreement Date — when both parties have fully signed and delivered the executed contract |
| Can I cancel for any reason? | Yes, before the deadline — earnest money is refunded in full |
| What about the due diligence fee? | Non-refundable — the seller keeps it regardless of outcome |
| What happens after the deadline? | Termination rights narrow to specific contract contingencies |
| Who pays for inspections? | The buyer, in almost all cases |
Frequently Asked Questions
How many days is the due diligence period in Georgia?
There’s no fixed number — it’s whatever the buyer and seller agree to in the purchase contract. Most Coweta County contracts I write land between 7 and 10 days, though shorter and longer periods both happen depending on market conditions.
Can I get my earnest money back if I change my mind during due diligence in Georgia?
Yes. As long as you deliver written notice of termination to the seller or seller’s agent before the deadline expires, you’re entitled to a full refund of your earnest money — no specific reason required. Note that the due diligence fee paid to the seller is non-refundable regardless.
Is the due diligence period different for well and septic homes in Coweta County?
The negotiated length isn’t automatically different, but I typically recommend buyers request a slightly longer window on well and septic properties — common in parts of Grantville and outlying Senoia — to allow time for water quality testing and a septic inspection alongside the standard home inspection.
How does due diligence work for new construction in Newnan, GA?
New construction contracts are typically builder-specific and may differ significantly from standard GAR contracts. Some builders offer little to no traditional due diligence period. Always have a buyer’s agent review a new construction contract before signing — builder contracts are written to favor the builder. Jacqui Robertson on our team has 13+ years of new construction experience in Coweta County and can help you navigate those terms.
What happens if my inspector finds a major issue right before the deadline?
You still have options as long as you’re within your due diligence window: request repairs or a credit, ask the seller in writing for a short extension, or terminate the contract for a full earnest money refund. The key is acting — and documenting it in writing — before the clock runs out.
About the Author: Mark Robertson is a REALTOR® with the R&R Team at Berkshire Hathaway HomeServices Georgia Properties, serving buyers and sellers across Newnan, Coweta County, Sharpsburg, Senoia, Peachtree City, and the broader South Metro Atlanta area. With deep roots in the local market, Mark specializes in residential sales, relocation, new construction, and senior transitions. Call or text 678-763-0715.
If you’re getting ready to write an offer in Newnan or anywhere in Coweta County, let’s talk through your due diligence timeline before you’re under a deadline. Schedule a free consultation with Mark Robertson today — call or text 678-763-0715, or email mark.robertson@bhhsgeorgia.com.
Published July 2026. Market data reflects available figures as of this writing and is subject to change; consult current MLS data or your agent for the most up-to-date figures.
Sources: Georgia Title & Escrow Company | Perigon Legal | Home-Probe | BHHS Georgia Properties Newnan Market Report | Redfin Coweta County Housing Market
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