Transaction Coordination

South Carolina Due Diligence Period and Termination Fee

How the South Carolina due diligence period works in the SC REALTORS residential contract (SCR 310): the termination fee and when it's owed, the Notice of Termination, earnest money, the as-is default, and how it differs from North Carolina and Georgia.

Ijharul Islam October 21, 2026 8 min read

The South Carolina due diligence period, in short: in the SC REALTORS residential contract (SCR 310) it starts on the Effective Date and ends at the time and date written in, 6 P.M. in SCR's published draft. To walk away for any reason, the buyer must deliver a Notice of Termination and the agreed termination fee before it ends.

More on this topic: Contract deadlines by state, every guide in one place.

SCR's final contract is member-only, so this guide relies on SCR's own Legal Hotline articles, its public Notice of Termination (Form 313) and the draft SCR published before the June 2022 revision; check the form in your file. It's general information, not legal advice; the executed contract controls. For other states, see the deadlines in a purchase contract.

Key takeaways

Since June 13, 2022, the SCR residential contract has been due diligence only: the old repair procedure and as-is option were removed.
The termination fee isn't paid up front. It's owed only if the buyer terminates during due diligence for due diligence reasons, and never if the deal closes.
A valid termination takes both a Notice of Termination and the fee in good funds. Without the fee, the termination is invalid.
If the buyer neither terminates nor signs an amended contract, the sale goes ahead as is.
No termination fee is owed for terminations under the financing, appraisal or CL-100 contingencies.

What is the due diligence period in South Carolina?

It's the buyer's window to inspect, ask for repairs and decide whether to go ahead. South Carolina REALTORS moved its residential agreement to a due diligence-only model effective June 13, 2022, Rosen Hagood reported, dropping the earlier repair procedure and as-is option. In SCR's draft, during the period the buyer may rely on five options: inspect, send repair requests (for example on SCR 525), proceed under an amended contract, proceed as is, or terminate by delivering the Notice of Termination and termination fee.

The seller doesn't have to respond to repair requests, and the draft says delivering one doesn't extend the period. SCR's legal team calls the contract “by default an AS-IS contract”: if the parties agree no repairs and the buyer doesn't terminate, it becomes as is when the deadline passes.

How is the South Carolina termination fee different from North Carolina and Georgia?

The money moves at a different time. In South Carolina the fee is paid only when the buyer terminates; SCR's Legal Hotline says it “should not be prepaid or included with the offer” and is never paid if the deal closes.

State	What the buyer pays for the right to walk	When
South Carolina (SCR 310)	Termination fee to the seller	Only on a due diligence termination
North Carolina (Form 2-T)	Due diligence fee to the seller	On the Effective Date, credited at closing
Georgia (GAR F201)	Option money to the seller	As of the Offer Date or within the days written

Details for the neighbors are in the North Carolina due diligence period and the Georgia due diligence period guides.

When does the South Carolina due diligence period end?

On the date written in the contract. In SCR's March 2022 draft (Paragraph 8), the period “begins upon the Effective Date” and expires at 6 P.M. on a date filled in, and any extension must be in writing and agreed by both parties. All times are South Carolina local time, and time is of the essence for every deadline. The Effective Date is when the last party signs or initials the contract and delivers notice of it.

The period can also end early: SCR's legal team says signing an SCR 525 repair agreement “sunsets the due diligence period”. Because the end is a fixed date and time rather than a count of days, write the exact time on the calendar entry.

How does a buyer terminate during due diligence?

By delivering both a Notice of Termination and the termination fee in good funds before the period ends. SCR's Form 313 (9/2023) has a box for a buyer “terminating for Due Diligence reasons” with the fee provided with the notice. Notice is effective on delivery to the notice address, email or fax in the contract and awareness of receipt by the broker; notice to a party's broker counts as notice to the party.

Rosen Hagood notes that a buyer who doesn't deliver the fee hasn't validly terminated, and the agreement becomes as is. Form 313 lists the other grounds separately, and SCR says no fee is owed for them: financing denied, the seller declining to lower the price to a low appraisal, the seller declining CL-100 repairs, the buyer's sale contingency (SCR 504) and the buyer's failure to deliver earnest money. Form 313 itself can't release earnest money.

When is earnest money due in South Carolina?

On the dates in the contract. In SCR's draft (Paragraph 5), part of the deposit may accompany the offer and the rest is due by 6 P.M. on a date written in; if it isn't delivered, the seller may terminate by notice. The escrow agent won't disburse it to either party without a signed agreement of both or a court order, and SCR's 2022 legal update says South Carolina's regulators don't want brokers-in-charge to disburse without one. That is why the termination fee is kept separate from the deposit. See the earnest money deadline.

How are days and times counted in a South Carolina contract?

The key dates are written in as dates, so most of the work is getting the time of day right. In SCR's draft, the other periods are stated in calendar days.

Example (Effective Date Monday, November 2, 2026)	Deadline in SCR's draft
Balance of earnest money, date written in	Wednesday, November 4, by 6 P.M.
Due diligence period, date written in	Friday, November 13, at 6 P.M.
Low appraisal reported Monday, November 23	Seller has 5 calendar days (Saturday, November 28) or until closing, if earlier, to offer a price reduction
CL-100 report for a Friday, December 11 closing	Dated no earlier than 30 calendar days before closing: November 11 or later
Closing Date	Friday, December 11, no later than 5 PM; deed to the closing attorney by 10 AM

The dates are illustrative; check each time against the executed contract, since the draft may differ from the final form.

What happens if you miss the due diligence deadline?

The buyer's right to walk for any reason ends, and unless the parties signed an amended contract, the buyer buys as is. What's left are the contingencies checked in the contract: financing, appraisal and the CL-100 report. In the draft, the buyer applies for financing and delivers a pre-approval by dates written in, and if the lender declines during the Financing Period either party may terminate by notice. See also what happens when a contingency deadline is missed.

Which South Carolina forms go with these deadlines?

Form	Use it for
SCR 310, Agreement to Buy and Sell Real Estate (Residential)	The contract: due diligence end, termination fee, earnest money, closing
SCR 525, repair request addendum	Repair requests; an agreement ends the due diligence period
SCR 313, Notice of Termination	Terminating, with the reason checked
SCR 504, buyer's sale contingency	Contracts contingent on the buyer selling another home

How do you track the South Carolina due diligence period?

Confirm the Effective Date, then enter the due diligence end with its time, the earnest money dates and the Closing Date with its 5 PM cutoff. Record the termination fee amount, so the buyer has good funds ready if they decide to walk, and plan to deliver the notice and the fee together.

Closingbird reads the executed contract and fills in the dates it finds, which you check and edit, then reminds each deadline owner every morning. Because SCR's key dates are written in as dates, set a fixed date for each one rather than counting days from acceptance. Reminders go out in the morning, well before a 6 P.M. cutoff, and calendar periods such as the seller's 5 days after a low appraisal run from an event, so set those by hand when it happens. See deadline tracking.

Frequently asked questions

Is the due diligence fee refundable in South Carolina?

The SCR contract doesn't use an up-front fee. The buyer pays a termination fee only when terminating for due diligence reasons, and it goes to the seller.

What time does due diligence end in South Carolina?

At the time written in the contract. SCR's draft sets 6 P.M. South Carolina time on the date filled in; check your form.

Do you pay the termination fee if the sale closes?

No. SCR's legal team says the due diligence termination fee is never paid if the deal closes.

Does a repair request extend the due diligence period?

No. SCR's draft says delivering a repair request doesn't extend it; only a written extension signed by both parties does.

Can a buyer terminate after due diligence ends in SC?

Only under another contingency in the contract, such as financing, appraisal or the CL-100 report, and no termination fee is owed for those.

Run it in Closingbird

Upload a South Carolina contract, set the due diligence end and its 6 P.M. cutoff as fixed dates, and let Closingbird remind each owner every morning. Start a free trial (14-day free trial, no credit card required) or see pricing.

Sources

Checked in October 2026. Rules and prices change, and many vary by state, so confirm with the source, your state's real estate commission or your broker before you rely on them.

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