Residential Real Estate Due Diligence Checklist
Buyer-side due diligence workflow run by the agent and transaction coordinator from contract acceptance through the due diligence decision. Covers disclosures, inspections, title, financing, and the proceed/terminate decision.
Property Information & Disclosures
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Confirm contract effective date and key deadlines
The TC calendars the inspection period, financing contingency, appraisal contingency, and closing date from the ratified contract. Use the contract's definition of business vs. calendar days — getting this wrong is the most common reason buyers waive a contingency without realizing it.
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Review the seller's property disclosure
Walk the disclosure with the buyer line by line — flag blank items the seller likely knows about (foundation, prior flooding, roof age). Capture the build year here because pre-1978 homes trigger the federal lead-based paint disclosure path.
Collects list -
Request HOA estoppel and governing documents
Order the HOA estoppel, CC&Rs, bylaws, and current budget. Several states (CA, FL, VA) give the buyer rescission rights if HOA docs are delivered late — track the statutory delivery window, not just the closing date.
Inspections & Environmental
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Schedule the general home inspection
Book the inspector inside the contract's inspection period with at least a 2-day buffer for objection drafting. Add specialty inspections where the property warrants — radon, sewer scope, termite/WDO, septic, well, pool — these usually need separate vendors.
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Attend inspection and review the report
The buyer's agent attends the inspection walk-through, then reviews the report with the buyer the same day. Separate cosmetic items from material defects (roof, HVAC, electrical, plumbing, foundation, moisture) — the objection list should focus on the latter.
Collects file -
Review the lead-based paint disclosure
Federal law requires the seller's LBP disclosure form, the EPA pamphlet, and a 10-day inspection opportunity (waivable in writing) for any home built before 1978. Confirm the form is signed by all parties before the inspection contingency expires — missing LBP paperwork is an easy-to-cite EPA violation.
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Submit inspection objections to the seller
Deliver the objection notice in the form the contract specifies — most states use a Resolution or Repair Request addendum. Late objections waive the buyer's right to ask for repairs or credits, so submit on day N-1 of the inspection period, not day N.
Title & Legal Review
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Order the title commitment from escrow
The TC opens escrow and requests the title commitment from the chosen settlement agent. Confirm the legal description matches the contract and that the owner's policy is being issued in the buyer's name.
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Review title for liens, easements, and encumbrances
Walk Schedule B exceptions with the buyer. Common surprises: utility easements crossing planned additions, mechanic's liens from prior renovations, unreleased mortgages, and HOA assessment liens. Note any survey-required items.
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Resolve title objections with the closing attorney
Send the title objection letter to the seller's side within the contract's title review window. Track each objection to either a release/payoff at closing or a written waiver from the buyer.
Financing & Appraisal
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Confirm the buyer's loan application is complete
Verify with the LO that the buyer has formally applied (not just pre-approved) and that the Loan Estimate has been delivered within the TRID 3-business-day window. Pre-approval is not a commitment — track conditional approval and clear-to-close as separate milestones.
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Track the appraisal to completion
Confirm the appraiser has scheduled, accessed the property, and delivered the report to the lender before the appraisal contingency expires. A low appraisal is the second most common deal-killer after financing — capture the result here so the next branch fires on time.
Collects list -
Negotiate the appraisal gap
Options: seller drops to appraised value, buyer brings cash to cover the gap, parties split the difference, or buyer terminates under the appraisal contingency. Document the chosen path in a written amendment before the contingency expires — verbal agreements don't preserve the buyer's protections.
Due Diligence Decision
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Review all contingency deadlines with the buyer
Walk the buyer through the status of inspection, appraisal, financing, title, and HOA review. Any unresolved item that can't close before its deadline needs either an extension addendum or a termination — silence equals waiver in most state contracts.
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Document the buyer's due diligence decisionCollects list Collects paragraph Collects signature
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Deliver the termination notice and EMD release
Send the termination notice in the form the contract requires before the contingency expires. Coordinate the EMD release with escrow — most states require both parties' signed release before the broker can disburse from the trust account, and commingling rules make any shortcut a license violation.
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