CHAPTER 9
Under Contract—Deadlines, EMD and Due Diligence
Protect your purchase by tracking deposits, deadlines and due-diligence responsibilities from the Effective Date forward.

Meet Your Advisor
Step 1 of 5
Lesson
The Simple Version
Your offer has been accepted—congratulations. Now the transaction changes from planning to performance. The contract is also a schedule, and several deadlines may begin immediately.
The inspection period is usually your most important opportunity to investigate the property. However, the first deadline you face will often be the earnest-money deposit.
Tip
First Confirm the Effective Date
Many contract deadlines run from the Effective Date, which is generally the date the final offer or counteroffer is signed and delivered as required by the contract. Do not assume it is the day you first signed.
Your agent or broker should immediately give you a written deadline sheet. Add every deadline to your own calendar with reminders several days in advance.
Lesson
Where Does the EMD Go?
The earnest-money deposit, or EMD, is the good-faith deposit included in your offer. It is generally credited toward the money you owe at closing; it is not an additional charge.
The contract should identify:
- The initial deposit
- Its delivery deadline
- Any additional deposit and its separate deadline
- The escrow agent holding the money
- The escrow agent’s name and contact information
In Florida, the EMD is commonly held in escrow by the title company handling the closing. It may also be held by an attorney or real estate brokerage, depending on the contract. The escrow agent should be specifically identified rather than left as “TBD.”
Reality Check
The EMD Deadline Matters
EMD delivery is commonly negotiated within approximately three to five days, but the signed contract controls the exact amount, method and deadline.
YOU MUST MEET EVERY CONTRACT DEADLINE. Missing a deadline can place you in breach and jeopardize important protections.
Do not assume that a later inspection deadline excuses a late EMD. Missing the deposit deadline could place you in default, jeopardize the deposit or expose you to a seller claim—even if you later try to cancel during the inspection period. A later cancellation does not necessarily erase an earlier breach. The specific contract and circumstances control.
Immediately after acceptance:
- Confirm the Effective Date.
- Confirm the EMD amount and deadline.
- Confirm exactly where the money must be delivered.
- Obtain wire instructions directly from the escrow agent.
- Verify them using an independently confirmed telephone number.
- Obtain written confirmation that the funds were actually received.
Initiating a transfer is not the same as confirming receipt.
Lesson
The Formal Loan Application Usually Follows Quickly
If you are financing the purchase, another early deadline is the formal loan application. Under the commonly used Florida Realtors/Florida Bar financing provision, the buyer must apply within the number of days written into the contract—or within five calendar days after the Effective Date if that space is left blank.
This is a property-specific loan application, not merely the preapproval obtained before shopping. The lender will need the signed contract, property address, purchase price, requested loan amount and updated financial information to begin processing the actual loan.
You may choose your lender. Your agent or broker may provide several dependable resources, but the lender selection belongs to you. Choose promptly enough to complete the formal application before the contractual deadline.
If you later change lenders, the contract deadlines do not automatically restart or extend. The new lender must still be able to satisfy the financing terms, Loan Approval Period and closing date already contained in the contract.
In practical terms, the EMD and loan-application deadlines may both arrive within the first three to five days. Be ready to act immediately after acceptance.
Checklist
Your Transaction Deadline Sheet
The exact deadlines depend on the signed contract, attached riders, property, association and financing. The most common deadlines and major milestones include:
- Earnest-money deposit: Delivery of the initial EMD and any additional deposit
- Inspection period: Completion of due diligence and delivery of any permitted cancellation notice before the inspection period expires
- Flood-zone and flood-insurance investigation: Confirmation of flood information and insurance availability early enough to act within any applicable contract period
- Survey: Ordering, receiving and reviewing the survey within the time allowed by the contract and title process
- Formal loan application: Submission of the property-specific loan application, commonly within five days when using the standard financing provision and no different number is inserted
- Loan Approval Period: Obtaining the required approval and delivering any notice required by the financing provision
- HOA or condominium application: Timely submission of the association application, fees, documents and interview requirements when applicable
- Association approval: Receipt of any approval required before closing or occupancy
- Closing Disclosure: Receipt from the lender at least three business days before closing for most financed purchases
- Final walk-through: Completion shortly before closing as permitted by the contract
- Closing: Delivery of all required documents and collected funds by the contractual closing date
The Closing Disclosure requirement deserves special attention: for most financed purchases, your lender must provide it to you at least three business days before closing. This federal waiting period is separate from the contract’s ordinary calendar-day calculations.
This list is not exhaustive. Other deadlines may involve appraisal, title objections, municipal liens, condominium documents, insurance, repairs, permits, seller disclosures, leases, financing notices, extensions or special riders.
Your agent or broker should maintain a written deadline sheet and monitor it with you throughout the transaction. Your lender and title company will also track the deadlines within their responsibilities, but you should keep your own calendar and ask questions whenever a required item has not been completed.
Never assume someone else is watching a deadline for you. Your agent and you should review the transaction calendar regularly until closing.
Lesson
The Inspection Period Is Your Primary Due-Diligence Period
For practical purposes, the inspection period is the buyer’s primary due-diligence window. It is the opportunity to investigate the home and decide whether you are comfortable proceeding.
Due diligence can include:
- Physical condition and major systems
- Insurance availability and cost
- Flood exposure
- Open or expired permits
- HOA, condominium and CDD information
- Property taxes and potential reassessment
- Septic, well, sewer, pool, seawall or dock concerns
- Title, survey and boundary matters
Some investigations and cancellation rights have separate contractual or statutory timelines. The inspection period is vital, but it is not the only deadline.
Checklist
Before the Inspection Period Expires
Depending on the contract and your findings, you may:
- Accept the property in its present condition
- Request repairs, a credit or a price adjustment
- Cancel under an applicable contractual right
- Request additional time in a written, signed extension
Under an AS IS contract, the seller is generally not obligated to make repairs merely because the buyer requests them.
A repair request does not pause or extend the inspection period. Never rely on an unsigned promise that everyone is still working on it.
Reality Check
Reality Check: Different Deadlines Receive Different Treatment
An offer may contain a response deadline, but sellers sometimes ignore it and respond later. Once an offer has expired, the buyer should not assume it can simply be accepted without confirming the legal and contractual status.
Deposit, inspection, financing and closing deadlines are different. Do not treat a seller’s casual approach to an offer-response deadline as permission for the buyer to miss a performance deadline after the contract becomes effective.
Chapter Quiz
Answer all four questions. You must score at least 75% to pass.
Question 1 of 4
Quiz Results
Answer all four questions. You must score at least 75% to pass.
Answer all four questions. You must score at least 75% to pass.
