Quote from @Bill B.:
@Katherine Serrell
Your states due diligence fees have always confounded me.
Are they really just earnest money? (Refundable if the deal falls through because of acceptable reasons.) Or are they truly “fees” and spent money even if a major problem is discovered with the property?
Thanks for educating me.
The easiest way to explain it is due diligence is a non-refundable deposit and earnest money is a refundable deposit - both go towards your down payment/closing costs. In NC, you can terminate the contract for any reason, or no reason at all, prior to the end of your due diligence period and your earnest money will be returned to you. However, your due diligence will not be refunded.
If the home doesn’t appraise, if the inspection report is awful, if your financing falls through, if you loose your job while under contract, etc. the due diligence is still NOT refundable.
Due diligence is only refundable in the event of a material breach by the seller or if the seller misrepresented a material fact (which you would have to be able to prove that they knew about it and essentially lied). It is important to note that since the due diligence fee is literally a check, wire, etc that goes directly to the seller - and is not held in escrow - the seller can spend it on whatever they want immediately.
For example - the seller can use it for their due diligence fee, pay off a credit card, pay off a medical bill, gamble, buy a bathtub full of gold, etc. the moment they receive it (normally the day after the offer is accepted). That said, even if you can prove that they lied about something… it’s hard to collect money when the money has already been spent..
As an agent and an investor, I’m doing everything humanly possible prior to submitting an offer to conduct as much due diligence up front to reduce as much risk as possible.
Hope that helps!