Conducting your own Due Diligence - Proprty Law (2024)

Property Law: 16 November 2023

Author: Lauren Woolley & Ralph Davies - Our People

In addition to the review of the Contract and Vendor Statement, it is also essential that a purchaser conducts their own due diligence. ‘Due diligence’ refers to the searches, enquiries and inspections that a buyer may undertake when considering whether to purchase a property.

Conducting your own Due Diligence - Proprty Law (1)

These searches may relate to the structure and on the land that the structures sit on. The searches may relate to enquiries of local, state, or federal authorities (relating to proposed use or renovations), the owners corporation (if there are significant works planned), or private companies (such as a builder who undertook construction).

It is also recommended to have a qualified professional undertake a building and pest inspection of the property to ensure that the property has the relevant approvals, is built in compliance with standards and has no underlying defects.

Conducting your own Due Diligence - Proprty Law (2024)

FAQs

How to do your own due diligence? ›

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

What key questions need to be answered in the process of due diligence? ›

Due Diligence Checklist
  • Who owns the company?
  • What is the company's organizational structure?
  • Who are the company's shareholders? ...
  • What are the company's articles of incorporation?
  • Where is the company's certificate of good standing from the state in which the business is registered?
  • What are the company bylaws?

How to conduct due diligence on an individual? ›

For the most part, an individual will need to provide identity documents, records and sources of funds, and disclose any connection to politically exposed persons. For prospective clients and third parties: you will need to cross check these entities against global sanction lists, as specified above.

What are the three principles of due diligence? ›

Below, we take a closer look at the three elements that comprise human rights due diligence – identify and assess, prevent and mitigate and account –, quoting from the Guiding Principles.

What are the 3 examples of due diligence? ›

Other examples of hard due diligence activities include: Reviewing and auditing financial statements. Scrutinizing projections for future performance. Analyzing the consumer market.

What are the 4 P's of due diligence? ›

The 4 P's of due diligence are People, Performance, Philosophy, and Process. These key elements form the foundation of a thorough due diligence process, covering aspects related to the team involved, performance metrics, investment philosophy, and the overall process followed.

What is the legal due diligence questionnaire? ›

The purpose of the Due Diligence Questionnaire is to provide the Seller and the Seller's solicitors and advisers with a comprehensive list of the Purchaser's and the Purchaser's solicitors' due diligence requirements at an early stage of the transaction.

What is a due diligence checklist? ›

This is a non-exhaustive list of information and documentation that will be needed in the due diligence process. As each investigation will differ in terms of needed materials, the below can serve as a preparatory guide.

What is a CDD checklist? ›

Customer Due Diligence (CDD) checks are systematic procedures employed by businesses, particularly in the financial sector, to confirm the identity, background, and risk profile of customers.

What is personal due diligence? ›

Published Jun 20, 2023. In the intricate world of business, due diligence is a term that's frequently used, but one aspect that doesn't get as much spotlight is human due diligence. This process involves an exhaustive investigation into an individual's background, including their legal, social, and personal history.

What is a due diligence questionnaire? ›

A due diligence questionnaire, referred to by the acronym DDQ, is a list of questions designed to evaluate aspects of an organization prior to a merger, acquisition, investment or partnership. Sometimes, the due diligence questionnaire is called the due diligence checklist.

What is due diligence for dummies? ›

Due diligence is the steps an organization takes to thoroughly investigate and verify an entity before initiating a business arrangement, whether that's with a vendor, a third party or a client. In the general business sense, due diligence means vetting issues that affect the business thoughtfully and carefully.

What is due diligence in law? ›

Due diligence is the investigation or exercise of care that a reasonable business or person is normally expected to take before entering into an agreement or contract with another party or an act with a certain standard of care.

What are the risks of not conducting due diligence? ›

Regulatory Compliance: The regulatory landscape is ever evolving, and compliance is non-negotiable. Failing to perform due diligence and working with a counterparty that is non-compliant can land you in hot water with authorities, resulting in fines, legal troubles, and damage to your brand's reputation.

What does own due diligence mean? ›

action that is considered reasonable for people to be expected to take in order to keep themselves or others and their property safe: People have to exercise due diligence and watch what's being bought on their credit cards.

What does self due diligence mean? ›

Due diligence means doing the necessary research to know what you're purchasing and thoroughly understand the associated benefits and risks. In other words, due diligence is all about methodically checking everything out and developing contingency plans should the purchase prove to bring more harm than good.

How much money do you need for due diligence? ›

Due diligence money is typically between five hundred and two thousand dollars, whereas the earnest fee is a percentage of the purchase price of the home. In cases where there are multiple offers on a home, some sellers will consider the due diligence amount in deciding which bid should win the war.

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