Due Diligence End Date Blank—Don’t Use “N/A”

QUESTION: I just got an offer on one of my listings on the new version of the Offer to Purchase and Contract (form 2-T). In the blank in paragraph 1(j) where you put the date that the due diligence period ends, the buyer agent inserted “N/A.” What does that mean?

ANSWER: We don’t know. It could be interpreted to mean that the due diligence period is open-ended. It could also be interpreted to mean that there is no due diligence  period at all. Under no circumstances should “N/A” be inserted in this blank, as it creates ambiguity as to the intent of the parties. A specific date should be inserted in this  blank or, possibly, a formula where the due diligence period would end within a specific number of days following a specified event that is certain to take place. If the intent of  the parties is to eliminate the due diligence period altogether, proper modification of the Offer to Purchase and Contract should be handled by a competent attorney.

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