What Happens During Attorney Review in NJ?
The short answer
When a REALTOR® prepares a New Jersey residential sales contract, the buyer's and seller's attorneys get three business days after delivery of the fully signed contract to review it. Weekends and legal holidays don't count. Either attorney can disapprove the contract in that window, which cancels it — or, more often, propose changes that both sides negotiate.
Attorney review surprises almost everyone who's bought or sold in another state. In New Jersey, a signed contract isn't quite a done deal yet. Here's how it works and how to get through it smoothly.
Why does New Jersey have attorney review?
When a real estate licensee prepares a residential sales contract, New Jersey's real estate regulations require the contract to include an attorney review clause. It protects both buyer and seller: the agents can fill in a standard form, but each side gets a short window for a lawyer to review it and protect their interests.
This applies to the standard contracts agents use. If attorneys draft the contract themselves, the process can work differently.
When does attorney review start and end?
The period is three business days, and it starts on delivery of the fully signed contract to the buyer and seller — not the day the buyer signs the offer.
To count the days:
- Saturdays, Sundays and legal holidays don't count.
- The buyer and seller can agree in writing to extend the period.
Example: If the fully signed contract is delivered on a Wednesday, the three business days are Thursday, Friday and Monday. If that Monday is a legal holiday, it runs through Tuesday.
What can happen during attorney review?
One of three things:
- Nothing. No attorney disapproves, and the contract becomes binding as written at the end of the period. This is less common in North Jersey because most people hire attorneys.
- Disapproval. Either attorney can disapprove the contract within the period. The contract is then cancelled. The rule specifies how notice is delivered to the agents and the other party.
- Modification (most common). An attorney sends a letter that disapproves the contract unless certain changes are accepted. The other attorney responds, and they negotiate until both sides agree. The agreed letters become part of the contract.
What do attorneys usually change?
Common items in North Jersey attorney review letters include:
- Inspection terms — how many days the buyer has for inspections and how repairs or credits will be handled
- Mortgage contingency dates and what happens if financing isn't approved in time
- Deposit amounts and who holds the funds
- Closing date and possession terms
- Well, septic and radon testing — who orders them, who pays, and what happens if a problem turns up
- Municipal certificates — who is responsible for the smoke/CO certificate and any town resale inspections
- Seller credits toward closing costs
Can a seller take a better offer during attorney review?
Yes, it can happen. Because the contract isn't binding until attorney review ends, the seller's attorney can disapprove it — for example, to accept a stronger offer that arrives in the meantime. That's frustrating for buyers, so:
- Buyers: Write a clean, well-supported offer and respond quickly to attorney letters. Don't stop talking to your agent until the period is over.
- Sellers: Ask your attorney how to handle backup offers properly. Your agent shouldn't encourage you to break a deal casually; reputations travel fast in a small market.
Can a buyer back out during attorney review?
Yes. A buyer's attorney can disapprove the contract within the period for any reason. After the period ends, the buyer is bound except through the contract's contingencies.
How do I get through attorney review smoothly?
- Hire your attorney before you sign. Have someone lined up so the clock doesn't run out while you search.
- Answer quickly. Most delays come from waiting on people, not the law.
- Know your priorities. Tell your attorney what matters to you — closing date, inspection timing, a particular repair — so the letters focus on the right things.
- Keep the agents in the loop. I can often head off misunderstandings before they become sticking points.
What happens next?
Once attorney review ends, the contract is binding, subject to contingencies such as inspection and mortgage approval. Deadlines start running: the deposit, the inspection window, the mortgage application. I'll send you a timeline so nothing gets missed.
Buying or selling soon? I'll explain where attorney review fits in your timeline. Book a buyer consultation or request a home valuation.
Frequently asked questions
How long is attorney review in New Jersey?
Three business days, starting from delivery of the fully signed contract to the buyer and seller. Saturdays, Sundays and legal holidays are not counted. The parties can agree in writing to extend it.
Can a seller accept another offer during attorney review?
A contract in attorney review isn't yet binding, so a seller's attorney can disapprove it — including to accept a different offer. That's why buyers should understand that a signed contract isn't final until attorney review ends.
Do I need an attorney for attorney review?
The clause gives each party the right to have an attorney review the contract. If no attorney disapproves within the period, the contract becomes binding as written. In North Jersey, nearly everyone uses one.
What happens after attorney review ends?
The contract is binding (subject to its contingencies), and the clock starts on items like the deposit, home inspection and mortgage application deadlines.
Note: This article is general information about New Jersey real estate, not legal, tax or inspection advice. Rules change and every property is different — confirm the details with your attorney, tax professional, lender or inspector.
Sources and further reading
- N.J.A.C. 11:5-6.2 — Contracts of sale, leases and listing agreements (attorney review clause) — New Jersey Administrative Code (via Cornell LII)
- When Is a Real Estate Contract Binding? — Princeton Info