Can repair requests be agreed to even after the Due Diligence Period expires?

QUESTION: I recently represented a buyer who submitted a Due Diligence Repair Request Agreement (DDRA) to the seller during the Due Diligence Period. The seller made some changes to the request, but I was not able to get the initialed changes back to the listing agent before the expiration of the Due Diligence Period. The listing agent then claimed that the DDRA was not binding because the buyer did not get the final, signed version back to the seller before the expiration of the Due Diligence Period. Is this accurate?

ANSWER: No. We have previously written here that there is nothing in the contract that requires repair requests to be made or agreed to at a certain time, although we have noted that last-minute repair requests are rarely a good idea. The Offer to Purchase and Contract (Form 2-T) states this principle explicitly: “Buyer is strongly advised to make any repair/improvement requests in sufficient time to allow negotiations to be concluded prior to the expiration of the Due Diligence Period.” (Emphasis added).

Best practices aside, it remains that under Form 2-T, repair requests can be made and agreed to at any time, regardless of whether the Due Diligence Period has expired or not. If a repair request is made, but the agreement is not finalized until after the Due Diligence Period expires, the seller must complete the repairs prior to Settlement. While the buyer loses the ability to terminate for any reason or no reason once the Due Diligence Period expires, the buyer does have the ability to make sure repairs are completed correctly. Form 310-T states, in relevant part:

In the event the parties have agreed to any adjustment in the condition of the Property, then such adjustment shall be completed prior to Settlement in a good and workmanlike manner. Seller shall notify Buyer upon completion of the above and provide Buyer with documentation thereof. Buyer shall have the right to verify that the items above have been completed in a good and workmanlike manner. Unless otherwise indicated in the Contract or this Agreement, such verification shall be at Buyer’s expense.

Paragraph 8(m) in Form 2-T also incorporates the above language.

Buyers are strongly encouraged to submit their repair requests early in the transaction to ensure that the agreement regarding repairs is reached during the Due Diligence Period. Once the Due Diligence Period ends, the Earnest Money Deposit becomes non-refundable except in limited circumstances. So, the seller has little incentive to agree to repairs at that point in the transaction. That said, in scenarios like this, where repairs can be agreed to post-Due Diligence Period, it is best to advocate for the buyer and obtain an agreement on repairs if possible.

Release Date: 4/16/2026

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