Real Estate Due Diligence: 2 Critical Steps You Can't Afford to Screw Up (2024)

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Andrew Syrios Jun 18, 2020Mar 16, 20213 min readReal Estate Due Diligence: 2 Critical Steps You Can't Afford to Screw Up (2)

One bad deal can set you way, way back. A friend of mine once put it like this: “One bad deal prevents you from doing the next 10.”

OK, that’s a bit hyperbolic. But if you haven’t noticed, many of BiggerPockets’ most prolific authors have made sure to emphasize their worst deals. I’ve done it, as have Engelo Rumora, Brandon Turner, Mark Ferguson, and many others. The reason is that such deals can break new investors or turn them off from continuing in real estate.

So despite it not being a particularly fun topic to discuss, many of us believe it is essential to do so.

And the No. 1 lesson to learn when it comes to all of our worst deals? In order to avoid such bad deals, you must do due diligence thoroughly and correctly.

Establishing a Process

A while back, I wrote a thorough guide on due diligence and noted the importance of using a checklist. My checklist looks like this:

  1. Pre-OfferDue Diligence
    1. Area Analysis
    2. Value and Financial Estimate
    3. Rehab Estimate
  2. Post-Acceptance Due Diligence
    1. Physical Due Diligence
    2. Financial Due Diligence
    3. Legal Due Diligence
    4. Inspections
  3. Retrading (if necessary)
  4. Final Decision and Walking Away (if necessary)

The due diligence that is important to discuss here is part two. Part one is what you do before you make an offer and parts three and four are what to do with the information you’ve collected from your due diligence.

For houses, by far the most important thing is the physical due diligence and inspections. But, of course, the financial component is critical, too.

If the property is currently rented, you will want to get a copy of the rent ledger and the operating statement (profit and loss statement) for the last year. You will also want to get a copy of the lease. Review it to make sure the rent and deposit line up with what the seller said, the utilities are in the tenant’s name (unless otherwise stated), all the standard clauses exist (like for late fees), and there’s nothing weird in the lease (such as the tenant being responsible for the maintenance or something like that).

I would also recommend getting some sort of proof of deposit. I’ve witnessed several times when sellers have faked rent rolls or just rented the building out to random people regardless of whether they could pay or not to make the rent roll look better. Tax returns, bank statements, or deposit slips all work for this.

But again, with houses, the most important thing is the physical due diligence.

Real Estate Due Diligence: 2 Critical Steps You Can't Afford to Screw Up (3)

Related: The Ultimate Guide to Due Diligence

Real Estate Due Diligence: 2 Critical Steps You Can't Afford to Screw Up (4)

Real Estate Due Diligence: 2 Critical Steps You Can't Afford to Screw Up (5)

Physical Due Diligence

Even if you have already walked the property, I would recommend walking it again. Do it very thoroughly and create a detailed scope of work. And try to get the utilities on if they are currently off. Sometimes, this won’t be possible; for example, if the wiring has been stolen. If that’s the case, make sure to add an extra contingency to your rehab budget.

If you are not experienced with putting together a rehab budget, first and foremost, pick up J. Scott’s The Book on Estimating Rehab Costs. But in addition to that, feel free to ask a contractor or an experienced investor to go by the property and give you a broad estimate. Offering lunch always helps with this.

You can also learn rehab costs by looking over line-item bids from contractors on other rehabs and reviewing your previous projects.

Finally, if the property has a tenant, take careful note of how they treat the place. If they are messy or smoke inside, it’s likely you will have a fairly significant turnover on your hands when they do eventually move out.

Related: Your 48-Point DIY Home Inspection Checklist

Real Estate Due Diligence: 2 Critical Steps You Can't Afford to Screw Up (6)

Inspections

For any new investor, I always recommend getting a professional, third-party inspection. First of all, if you want to retrade (ask for a discount), having a third-party inspection report is a great thing to point to. But further, it’s always good to have another set of eyes on the property to make sure you didn’t miss anything—particularly a set of eyes trained to spot such defects in the property.

Seasoned investors should also usually get third-party reports. That being said, if you do a lot of volume, have a good amount of experience, and put in a solid rehab contingency, you can afford to go without such inspections if you choose.

Finally, if you see any signs of dry rot or termites, you should get a pest and dry rot report. In some areas, you may want to get a radon inspection as well or have particular items looked at by a specialist (roof, HVAC, etc.) depending on the condition of those items.

Conclusion

Whether bad deals cost you the “next 10” or just the next one, it really doesn’t matter. You want to avoid them. And the way to avoid bad deals is to verify what you think you know going in with thorough due diligence. So don’t skimp on it!

What does your due diligence checklist look like? Has it helped you avoid bad deals?

Share your experiences in the comments below.

Note By BiggerPockets: These are opinions written by the author and do not necessarily represent the opinions of BiggerPockets.

Real Estate Due Diligence: 2 Critical Steps You Can't Afford to Screw Up (2024)

FAQs

How often do people back out after due diligence? ›

Here's how often do buyers back out after home inspection - around 3.9% of the time. This is perfectly legal under certain circ*mstances. The majority of real estate contracts include a variety of contingency clauses that allow the parties to breach the contract if some of the conditions aren't met.

Can you get due diligence money back in NC? ›

In standard form 2-T, Paragraph 1(i) states that the due diligence fee is nonrefundable unless the seller materially breaches the contract, the buyer terminates the contract under Paragraph 8 (“Seller Obligations”) or Paragraph 12 (“Risk of Loss”), or in accordance with any addendum attached to the contract.

How to get out of due diligence? ›

1) Due Diligence Period

If you do need to terminate your Purchase & Sales Agreement, you and your Realtor must submit a Termination and Release Agreement before the end of the Due Diligence Period. The seller also needs to sign the agreement in order to receive a full refund of your Earnest Money.

Can I walk away during due diligence? ›

Be sure you know what circ*mstances allow you to walk away from a purchase—such as a home inspection that uncovers a significant problem that the seller is unwilling to address, or the buying party is unable to obtain financing for a mortgage. Also, discuss the implications of what you agree to in the contract.

Do you lose earnest money if a loan is not approved? ›

If the financing fails, the buyer can pull out of the contract with a full refund for earnest money as long as it's before the specified deadline.

Can a seller terminate during due diligence? ›

Bottom line. “Generally, a seller can't cancel without cause,” Schorr says. “You could build in some contingency, but absent that, you had better be committed to the sale.” Reneging because you fear you underpriced the house, or you actually receive a better offer, doesn't count as “cause.”

What is the average due diligence amount in NC? ›

Due Diligence Fees

The due diligence fee is a negotiable (by your realtor) and is typically between $500 and $2000, depending on the market competition and on the purchase price of the home.

Is earnest money refundable after due diligence? ›

Unlike the due diligence fee, the earnest money is refundable if the sale is canceled within the due diligence period. If the buyer decides not to buy the home after the due diligence period and before closing, both the due diligence money and earnest money are forfeited.

What are the 4 P's of due diligence? ›

What are the 4 P's of due diligence? The 4 P's of due diligence are People, Performance, Philosophy, and Process.

What are the 4 due diligence requirements? ›

The Four Due Diligence Requirements
  • Complete and Submit Form 8867. (Treas. Reg. section 1.6695-2(b)(1)) ...
  • Compute the Credits. (Treas. Reg. section 1.6695-2(b)(2)) ...
  • Knowledge. (Treas. Reg. section 1.6695-2(b)(3)) ...
  • Keep Records for Three Years.
Jan 22, 2024

What are the 3 examples of due diligence? ›

The due diligence in business circ*mstances refers to organizations practicing prudence by carefully assessing associated costs and risks prior to completing transactions. Examples include purchasing new property or equipment, implementing new business information systems, or integrating with another firm.

Can a buyer back out after a due diligence period? ›

Once the due diligence period ends, the buyer cannot back out of the contract (except under a different, applicable contingency – financing or appraisal, for instance). If they back out prior to closing and no other contingency gets them out of the contract, they lose their earnest money.

Can I change my mind during due diligence? ›

Well, during the due diligence period, the buyer has the right to terminate the contract for any reason, with no penalty. In other words, you can, technically, just wake up one morning and decide you no longer want to purchase this house.

What happens if you don't do due diligence? ›

Neglecting due diligence exposes firms to the risk of unknowingly associating with individuals or entities involved in illegal activities, effectively jeopardizing their credibility and standing in the market.

How often do you repeat due diligence? ›

A year for some is a reasonable amount of time for someone or a company to change and therefore our guidance is annually to make further checks.

How long to retain customer due diligence? ›

A bank must retain the identifying information about a customer for a period of five years after the date the account is closed, or in the case of credit card accounts, five years after the account becomes closed or dormant.

What is the outcome of due diligence? ›

Due diligence helps investors and companies understand the nature of a deal, the risks involved, and whether the deal fits with their portfolio. Essentially, undergoing due diligence is like doing “homework” on a potential deal and is essential to informed investment decisions.

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