Due Diligence is Crucial When Buying a Massachusetts Home | massrealty | NewsBreak Original (2024)

Author Bill Gassett owns Maximum Real Estate Exposure.

When buying a home for the first time, it is easy to make mistakes. Buyers are often forced to decide quickly when real estate markets are fluid.

Over the last few years, real estate markets have heavily favored sellers. Bidding wars have been the norm, not the exception.

If you don't act fast, you will lose the house. Unfortunately, many buyers have missed the opportunity to perform adequate due diligence. That doesn't mean you should do the same. Far from it.

Due diligence is an essential part of any real estate transaction. It is a process that allows you to assess a property’s value, potential risks, and potential liabilities.

If you want to buy a Massachusetts home, following through with the due diligence process will be vital. Let's examine what you should know.

What is Due Diligence When Buying a Massachusetts Home?

Avoiding mistakes when buying your first home will keep your stress levels in check. Having a due diligence checklist will be worthwhile to ensure you don't make a mistake purchasing a particular property.

Due diligence is a process of investigation and analysis to identify potential risks and liabilities associated with a property and to evaluate its true value.

It is a critical part of the home-buying process, especially in a competitive market. It is essential for first-time home buyers to understand that due diligence should never be skipped.

While due diligence for the home itself is important, including a home inspection, you also must research the neighborhood and general area.

It is crucial to understand the local economy, the job market, the crime rate, the schools, and the overall quality of life in the area. Additionally, should investigate the condition of the surrounding neighborhood and the local zoning ordinances.

Due diligence also entails researching the home’s title and ownership history. This includes researching any liens, encumbrances, or unresolved disputes associated with the title.

A buyer can increase the odds of making an informed decision by performing due diligence.

How Long is The Due Diligence Period When Buying a Massachusetts Home?

The due diligence period when buying a Massachusetts home usually lasts between 10-14 days. Once you put a home under contract, the process will begin. During this time, buyers are expected to conduct a thorough investigation of the property, including a home inspection and research of the local area.

The due diligence period allows buyers to review all pertinent documentation and fulfill any requests related to the purchase.

During this time, buyers should ask questions and receive answers from the seller. Getting a copy of the seller's disclosure will be essential to the process.

During this period, buyers should review their financing options and ensure they can purchase without financial risks.

To ensure the due diligence period is successful, buyers must consult with their real estate agent and lawyer to ensure all necessary steps are taken.

Due Diligence Checklist For Massachusetts Home Buyers

Here are some things you should consider researching before committing to your purchase.

Google The Address of The Property

It is always wise to search online for any home you're considering. Knowing the history of a house is crucial. You never know if a home has a dark past or is stigmatized somehow.

You might learn about death in the home due to suicide or murder. Would that matter to you?

Check the Building Department For Pulled Permits

It is important to ensure that any work on the property was done legally by checking the building department for pulled permits. This will help to ensure that the work done was not only done properly but that it was also done to code.

Many sellers are notorious for avoiding permits for their tax assessment to remain lower. If the seller added an addition or finished their basem*nt, it will be imperative to check for the permits.

Don't get stuck with someone else's mess they created.

Make Sure There Are No Encroachments

A property encroachment is when a structure or land from one property overlaps another. This can be caused by a fence, a structure such as a garage addition, or even a planting.

It is important to check for encroachments on a property before committing to a purchase, as it can lead to legal disputes in the future. Finding the property lines will be key.

An encroachment can also affect the property's value and ability to use it however you want. If a property encroachment exists, it is important to resolve it before closing on the property.

Resolution can be done by removing the encroaching structure or obtaining an easem*nt from the neighboring property.

If it is not resolved, the buyer may be held responsible for the encroachment and liable for any damages or losses it causes.

If there is a Homeowner's Association, Research it Carefully

Researching a homeowner's association (HOA) is essential in the due diligence process when buying a Massachusetts home or condo.

An HOA is a group of homeowners in charge of their community and has the authority to create and enforce certain rules and regulations.

When researching an HOA, it is important to understand the fees associated with the community and any special assessments that may have been levied.

Additionally, it's vital to know if there are any restrictive covenants in place that may affect a buyer's use of the property.

These covenants can range from rules on what colors a homeowner can paint their homes to restrictions on the types of pets allowed on the premises. Knowing these restrictions can help the buyer make an informed decision. Knowing everything you can about the neighborhood is wise.

Researching the HOA's financial stability is important, as this will affect the buyer's ability to enjoy the community's amenities. Knowing the dues, fees, and assessments will help buyers understand their financial commitments.

Final Thoughts on Due Diligence

Those that take the time to perform due diligence usually end up happy. Those who don't stand a much greater chance to regret their purchase.

Hopefully, some of these due diligence tips have been helpful, and you can add them to your checklist.

Did you enjoy this advice on due diligence when buying a house in Massachusetts? See other real estate articles on NewsBreak for more timely tips and advice. Bill often writes about general real estate, mortgages, finance, moving, and home improvement.

Due Diligence is Crucial When Buying a Massachusetts Home | massrealty | NewsBreak Original (2024)

FAQs

What due diligence to do when buying a house? ›

During the due-diligence period, a purchaser may order inspections, research zoning or permits, review environmental factors, or shop for insurance. A pest inspection is normally ordered as well as a home inspection. At the end of due diligence, the buyer can negotiate any repairs with the seller as well as credits.

Who has the most responsibility to perform due diligence in a real estate purchase? ›

During the due diligence period, the seller would have to make all the legally required disclosures and has the responsibility to provide access to the property for inspections.

Can you back out during due diligence? ›

Buyer can only cancel during the due diligence period unless the buyer has a written extension from seller (which seller doesnt have to give).

What is an important point of diligence that should be done before acquiring any property? ›

Check out the area

Before submitting an offer, there are a few due diligence items to work through to ensure this is the neighborhood for you, including: Researching the address to check for any unusual history. Checking into crime rates for the general area.

Can seller back out after due diligence? ›

Legally, a seller's best bet for successfully backing out of a sale is if a contingency written into the contract has not been met. Home sellers can give themselves an “out” by adding contingencies to the contract that make the sale contingent upon certain conditions.

Can seller terminate during due diligence? ›

Short answer: no, the seller can't back out after an inspection. However, the seller may be able to get the buyer to walk away from the transaction based on a negative inspection report.

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

“As long as there is an offer with a contingency, a buyer can get out of the contract. If there is an inspection contingency and an inspection was completed and an issue was advised to the seller, they can terminate for that reason. Of course, you don't know their true intention.

What states have due diligence fees? ›

Go to buy a commercial property in any US state and you can expect to pay an earnest money deposit thanks to high demand across the nation. Due diligence fees, on the other hand, are more common in some states than others. North Carolina, California, and Ohio have stringent DD requirements, but most don't.

How long does due diligence take when buying a house? ›

How Long Is a Due Diligence Period? When negotiating the terms of the sales contract, buyers and sellers, along with their agents, will typically agree on the due diligence time period. This period can vary quite a bit. In some areas of the U.S., you might have anywhere from seven to 14 days to complete due diligence.

How long after due diligence is closing? ›

Typically, we see closing dates set about two weeks after the due diligence date, but it can be longer. The due diligence period is, on average, three to four weeks, depending on how competitive your offer is; the shorter the due diligence period, the better it is from a seller's perspective.

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

Failure to provide due diligence can result in an unjust outcome for the case and may require a retrial to resolve the matter, as well as a legal malpractice claim to recover any damages the victim has suffered.

What happens if a buyer refuses to close? ›

Depending on the circ*mstances, this money may be recovered through the legal system. In terms of refusing to close on a building contract, if the buyer defaults, the seller can sue for the difference in money damages that were incurred as a result of failing to close the contract.

What happens when due diligence ends? ›

What happens after due diligence? Once the due diligence process is complete, the buyer will typically provide a report outlining any issues or concerns that were identified. If the parties are able to reach an agreement, they will move forward with the transaction.

What is a due diligence checklist real estate? ›

Post-offer due diligence includes hiring a building inspector, checking zoning laws, researching the title, getting an appraisal, and obtaining financing. If everything continues to check out with the property, the buyer can move to close the deal.

What are the basic requirements of due diligence? ›

Areas to target for scrutiny in the due diligence checklist should include:
  • Historical Financial Statements. ...
  • Revenue and Expense Analysis. ...
  • Assets and Liabilities Review. ...
  • Taxation and Tax Compliance. ...
  • Debt and Financing Agreements. ...
  • Working Capital Analysis. ...
  • Financial Projections and Assumptions. ...
  • Cash Flow Analysis.

How long does due diligence take? ›

However, on average, due diligence takes anywhere from several weeks to a few months. Here are some key factors that influence the timeline: Deal complexity. More complex business transactions involving multiple business units or regulatory matters may require an extended due diligence period.

What is a due diligence checklist? ›

A due diligence checklist is a way to analyze a company that you are acquiring through a sale or merger. In the context of an M&A transaction, “due diligence” describes a thorough and methodical investigation and assessment.

How long is the due diligence period in SC? ›

Normally, a due diligence period for a commercial property in South Carolina can last between 10 to 14 days (until 6:00PM on the last day). A due diligence period can be as short as one to three days and as long as 30 or even 60 days.

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