After a Utah seller accepts an offer, the buyer enters a roughly two- to three-week window called the Due Diligence period, during which they can inspect the property, review documents, and either resolve concerns with the seller or cancel the contract while keeping their earnest money. The window is one of the most consequential timelines in the Utah Real Estate Purchase Contract (REPC), and missing it by even one business day can convert refundable earnest money into a forfeiture. This walkthrough explains how the window is set, what you can do during it, how UAR Form 60 works, and the precise mechanics for resolving or canceling. This article is educational, not legal advice. For binding interpretation, consult a Utah-licensed attorney. The Utah REPC and UAR forms cited below are the controlling documents.
When the Due Diligence Deadline starts and how the window is set
The Due Diligence Deadline is a specific calendar date written into Section 24(a) of the Utah Real Estate Purchase Contract. It begins on the date the contract is accepted (the “Acceptance Date” in Section 23) and runs for a number of calendar days the buyer and seller negotiate during offer-and-counter. The default proposed in most Utah offers is 14 days, with 21 days common in new construction or properties requiring septic, well, or other specialized inspections. The deadline is calendar days, not business days, so weekends and holidays count. If the deadline falls on a Saturday, Sunday, or state holiday, Section 24(c) of the REPC pushes the deadline to the next business day at 5:00 PM Mountain Time. Buyers and agents should always confirm the deadline against a Utah business-day calendar; assumptions made on weekends have cost buyers their earnest money. A worked example. An offer accepted Tuesday, June 3, 2026, with a 14-day Due Diligence period would have a deadline of Tuesday, June 17, 2026, at 5:00 PM. A 21-day window would land on Tuesday, June 24, 2026, at 5:00 PM. If the calculated date were a Saturday, the deadline would push to the following Monday.
What buyers can do during the Due Diligence window
The Due Diligence period exists so the buyer can investigate everything they could not learn before signing. Common items Utah buyers tackle during the window:
- Whole-house inspection. A licensed Utah home inspector (typically $400–$600 for a single-family home) examines structure, roof, HVAC, electrical, plumbing, and appliances.
- Specialized inspections. Radon, mold, sewer scope, septic, well water, pool/spa, chimney, and foundation are billed separately and take additional time to schedule.
- Title review. The title company delivers a title commitment showing easements, encumbrances, CC&Rs, and any liens. Title objections raised during Due Diligence are handled under Section 7 of the REPC.
- HOA document review. If the property is in an HOA, the seller’s Section 7A disclosure provides governing documents, financials, and any pending special assessments. Buyers have a separate HOA review period in many Utah contracts, but most buyers fold it into Due Diligence.
- Permits and improvements. County and city permit records confirm whether finished basements, additions, or detached structures were permitted. Unpermitted work can become a buyer’s responsibility after closing.
- Loan file progress. The buyer’s lender pulls income, asset, and credit documentation and identifies any conditions. The Financing & Appraisal contingencies have their own deadlines, but lender problems often surface during Due Diligence.
- Insurance quotes. A homeowners insurance quote, especially in wildfire-prone areas (Summit, Wasatch, Washington counties), confirms the property is insurable at a reasonable premium.
- Neighborhood walks at different times. Day, night, weekday, weekend. The “sounds like a great neighborhood” check.
The buyer can investigate any of these without the seller’s permission, provided the inspections are non-destructive and conducted by licensed professionals during reasonable hours coordinated through the listing agent.
UAR Form 60: Resolution of Due Diligence Addendum, line by line
When the Due Diligence inspections turn up something the buyer wants addressed, the controlling document is UAR Form 60, the Resolution of Due Diligence Addendum. Form 60 is the buyer’s tool to propose a resolution to the seller without canceling the contract. Form 60 has three substantive options the buyer picks from:
- Buyer requests the seller make repairs. The buyer lists specific items, with sufficient detail (e.g., “replace water heater with a comparable 50-gallon model” rather than “fix water heater”). The seller can accept, counter, or refuse.
- Buyer requests a price reduction or closing-cost credit. Useful when the buyer prefers to handle the repairs themselves and wants the dollar value off the price or applied as a closing credit.
- Buyer requests a combination. A subset of repairs done by the seller plus a credit for items the buyer will address.
The form has a response deadline the buyer sets, typically 2–5 days. If the seller responds within the deadline with acceptance or a counter, the parties either reach agreement (Form 60 is signed by both sides and becomes a binding addendum) or the buyer issues a separate cancellation notice. If the seller does not respond by the deadline, the buyer’s Form 60 expires. The contract continues unchanged unless the buyer issues a cancellation notice before the Due Diligence Deadline.
Cancel vs. resolve: earnest-money consequences
The most consequential decision in the Due Diligence window is whether to resolve (negotiate with the seller and continue) or cancel (back out and reclaim earnest money). The earnest-money outcomes depend on which path the buyer takes and when.
Cancel within Due Diligence. A buyer who delivers a written cancellation notice before 5:00 PM on the Due Diligence Deadline is entitled to a full refund of earnest money under Section 24(b) of the REPC. The cancellation does not require a reason; “in the buyer’s sole discretion” is the operative phrase.
Cancel after Due Diligence but within other contingencies. If the buyer misses the Due Diligence deadline but later cancels under the Financing Deadline (Section 25), Appraisal Deadline (Section 25), or Seller Disclosure deadline, the earnest money is still typically refundable, provided the cancellation cites the applicable contingency. The contingencies have their own deadlines and procedures.
Cancel after all contingencies pass. The earnest money is at risk. Under Section 16, the seller can pursue retention of earnest money as liquidated damages. The buyer has to either complete the purchase or risk losing the deposit.
Resolve via Form 60. If the buyer signs a Form 60 agreement with the seller, the buyer is committing to close on the resolved terms. The Due Diligence cancellation right is consumed by the resolution unless Form 60 explicitly preserves it for a subsequent issue. The single most important practical point: the cancellation notice must be in writing and delivered before the deadline. A phone call to the agent does not satisfy Section 24(b). The notice should be signed, dated, and delivered by a method that produces proof of receipt.
How to send a valid written notice
Section 28 of the REPC governs notice delivery. A valid notice must be in writing and delivered to the seller or the seller’s agent by one of these methods:
- In-person delivery with a signed receipt or witness.
- Mail to the address in the REPC, with delivery deemed effective three days after mailing (which is too slow to be useful during Due Diligence).
- Fax or electronic transmission (email, e-signature platforms) to the seller’s agent at the address listed in the REPC, with a delivery confirmation.
The practical 2026 approach in Utah: send the notice via the same e-signature platform used to sign the contract (Dotloop, SkySlope, DocuSign), with the buyer’s agent confirming delivery in writing. The timestamp from the platform serves as proof of timely delivery. If you send a notice on the deadline date itself, send it earlier in the day. A 4:55 PM email to a listing agent who has gone home for the day creates a delivery dispute.
Common Due Diligence mistakes Utah buyers make
A short list of avoidable problems that come up in dispute filings with the Utah Division of Real Estate:
- Scheduling inspections late in the window. A buyer who books the whole-house inspection on day 10 of a 14-day window has 4 days to negotiate any findings. Schedule the inspection within the first 3 business days after acceptance.
- Assuming the seller’s agent will remind you of the deadline. They will not. The buyer and the buyer’s agent are responsible for tracking deadlines.
- Verbally agreeing to extend Due Diligence. Extensions must be in writing on UAR Form 8 (Addendum to REPC) signed by both parties. Verbal extensions are not enforceable.
- Sending Form 60 on the last day. The seller has no obligation to respond before the deadline passes. The buyer’s cancellation right expires regardless of whether Form 60 negotiations are ongoing.
- Treating Form 60 as a cancellation. It is not. Form 60 is a request for resolution. If the buyer wants to cancel, the cancellation notice is a separate document.
Frequently Asked Questions
What is the Utah Due Diligence period?
The Utah Due Diligence period is a window written into Section 24 of the Utah Real Estate Purchase Contract during which the buyer can investigate the property and either resolve concerns with the seller or cancel the contract with a full earnest-money refund. The window is set by negotiation, typically 14 to 21 calendar days from contract acceptance.
How long is the Utah Due Diligence period?
The window is whatever the buyer and seller negotiate. The most common windows are 14 calendar days for resale homes and 21 days for new construction or properties requiring specialized inspections like septic or well. The deadline is set by calendar days, not business days, and lands at 5:00 PM Mountain Time on the deadline date.
Can I get my earnest money back during Utah Due Diligence?
Yes. A buyer who delivers written cancellation notice to the seller before 5:00 PM on the Due Diligence Deadline is entitled to a full refund of earnest money under Section 24(b). The buyer does not need to provide a reason. After the deadline passes, earnest money is at risk unless another contingency applies.
What is UAR Form 60?
UAR Form 60, the Resolution of Due Diligence Addendum, is the form a buyer uses to ask the seller to make repairs, reduce the price, or provide a closing-cost credit based on Due Diligence findings. If the seller agrees and both sign, Form 60 becomes a binding addendum. If the seller does not respond by the buyer’s stated deadline, Form 60 expires and the buyer must separately cancel or proceed.
What happens if I miss the Utah Due Diligence Deadline?
If the deadline passes without a written cancellation notice, the buyer waives the right to cancel for any Due Diligence reason and the earnest money is at risk if the buyer later backs out. The Financing, Appraisal, and Seller Disclosure deadlines still apply and offer separate cancellation rights with their own procedures.
Do weekends count toward Utah Due Diligence?
Yes. The window counts calendar days, not business days. The only exception is when the deadline itself falls on a Saturday, Sunday, or state holiday, in which case the deadline pushes to the next business day at 5:00 PM under Section 24(c).
Our sources:
- Utah Real Estate Purchase Contract (REPC). Utah Division of Real Estate, current form.
- UAR Form 60, Resolution of Due Diligence Addendum. Utah Association of Realtors.
- Utah Due Diligence Period Guide. Practitioner-side walkthrough with examples.
That’s the playbook. Due Diligence is the part of a Utah home purchase where a calendar reminder is worth more than a high-end inspection. If you want a brokerage that’ll track those deadlines with you instead of leaving you to do it alone, that’s us at homie.com/buy, a licensed Utah real estate brokerage. None of this is legal advice, for anything binding on a specific contract, get a Utah attorney in the conversation early.
— The Homie Team
*This article is for general informational purposes only and is not legal, tax, or financial advice. For guidance specific to your situation, consult a licensed professional.
*All brokerage fees, including listing and buyer agent compensation, are fully negotiable and determined solely by the seller and service provider.
*Flat-fee pricing and service availability may vary by location.
*Examples and potential savings are for illustrative purposes only.