Can a Seller Refuse to Make Repairs During Georgia Due Diligence?
Yes, a seller can legally refuse to make any repairs requested during the Georgia due diligence period. Under standard Georgia Association of Realtors (GAR) contracts, homes are sold in as-is condition unless mutually amended. A seller has no statutory duty to negotiate or credit defects. However, if a seller refuses, the buyer holds absolute unilateral authority to terminate the purchase agreement for any reason or no reason before 11:59 PM on the final day of due diligence, recovering 100% of their earnest money without penalty.
Understanding Georgia's As-Is Contract Framework
Under standard Georgia real estate law and GAR Form F201, real property is conveyed in an as-is baseline condition. When a buyer submits an inspection report and an Amendment to Address Concerns (GAR Form F404), the seller can respond in one of three ways: accept all requests in full, provide a counterproposal with limited repairs or cash credits, or reject the request outright. A refusal does not constitute a breach of contract.
The 11:59 PM Due Diligence Deadline Rule
If the seller refuses your repair requests or fails to respond before the due diligence period expires, the contract automatically converts into a binding, non-contingent purchase. To avoid losing earnest money or purchasing a compromised property, the buyer must execute a formal Notice of Termination before 11:59 PM on the exact expiration date unless an extension amendment is signed by both parties.
Strategic Repair Prioritization: Red Flags vs Cosmetics
To prevent seller pushback, never submit a 40-item laundry list of cosmetic blemishes. Focus exclusively on major structural, safety, electrical, and HVAC defects backed by board-certified InterNACHI inspection data and exact contractor repair estimates.
"In over a thousand Georgia inspections, we find that sellers rarely refuse repairs when issues are documented with infrared thermal imagery and framed in licensed building science terminology rather than subjective buyer complaints."
— Christopher Boykin, Board-Certified Master Inspector1-Click GAR F404 Due Diligence Repair Clause Generator
Need to draft binding repair amendment language right now? Generate contract-ready InterNACHI repair clauses in seconds.