Attorney Review in New Jersey: Timeline, Rights, and Common Mistakes

New Jersey is different from many states because attorneys often review and revise the contract after the buyer and seller sign it. That post-signature window is called attorney review, and it is one of the most misunderstood parts of a New Jersey residential real estate transaction.

This guide explains how attorney review works, what rights buyers and sellers have, and the issues that most commonly delay or derail real estate deals in New Jersey.

This page is general information only and is not legal advice. Every transaction is fact-specific.

What “Attorney Review” Means in New Jersey

In New Jersey, attorney review is a post-signature period during which the attorneys for the buyer and seller may review the contract and propose changes to its terms. Those changes are typically made through written riders or addenda and are intended to clarify legal rights, deadlines, and responsibilities.

Although the parties may have already signed the contract, the agreement is not considered fully finalized until attorney review is completed. This phase is a critical part of New Jersey residential transactions because it is when key legal protections and risk allocation issues are addressed.

NJ Attorney Review Timeline (3 Business Days) — How It Works

In New Jersey, the attorney review period gives both the buyer and the seller three business days to have an attorney review the contract and, if necessary, disapprove of its terms. Weekends and legal holidays do not count toward the three-day period.

The three-business-day attorney review period generally begins after all parties have received a fully executed copy of the contract. Determining when attorney review starts can be fact-specific, which is why confirming delivery and timing is important in each transaction.

If an attorney disapproves the contract within the attorney review period, the contract is not automatically terminated. Instead, the disapproval typically opens negotiations between the parties’ attorneys. There is no fixed deadline by which attorney review must conclude after a disapproval, and the contract may remain in negotiation until the parties either reach agreement on revised terms or decide not to proceed.

What Happens During Attorney Review

• Confirming the timing and handling of contract deposits and escrow
• Clarifying inspection rights, scope, and deadlines
• Clarifying mortgage contingency language and commitment deadlines
• Addressing closing dates, adjournments, and timing flexibility
• Confirming how title issues, municipal requirements, and certificates of occupancy will be handled
• Adding contract protections for property-specific issues such as oil tanks, well or septic systems, flood disclosures, or other known conditions

Can a Buyer or Seller Disapprove the Contract During Attorney Review?

During the attorney review period, either party’s attorney may disapprove the contract by providing written notice within the three-business-day review period.

A disapproval does not automatically terminate the transaction. In most cases, it begins a negotiation process between the parties’ attorneys to address proposed changes to the contract. Whether the transaction proceeds depends on whether the parties ultimately reach agreement on revised terms.

Common Mistakes I See

• Assuming the contract is final immediately upon signing
• Missing the attorney review deadline or misunderstanding when it begins
• Relying on informal communications instead of written notice
• Assuming the standard form contract addresses every issue
• Failing to coordinate attorney review with inspection and mortgage timelines

What Happens After Attorney Review Ends

Once attorney review is concluded and the contract terms are agreed upon, the transaction typically moves into the inspection phase, followed by mortgage processing, title review, and preparation for closing.

Although attorney review has ended, issues can still arise later in the transaction, which is why clear contract language and realistic deadlines established during attorney review are important.

Frequently Asked Questions

When does attorney review start in New Jersey?

Attorney review begins once both the buyer and seller have received a fully signed copy of the real estate contract. The three-business-day review period starts the next business day after delivery, not the day the contract is signed.

Do weekends count in the three-day attorney review period?

No. The three-day attorney review period counts only business days. Weekends and legal holidays are excluded when calculating the review timeline.

Can a buyer or seller cancel the contract during attorney review?

Yes. Either party’s attorney may disapprove the contract for any reason during the attorney review period. This allows the contract to be cancelled without penalty before it becomes legally binding.

How does attorney review affect inspection and mortgage deadlines?

Attorney review often sets the framework for inspection rights and mortgage contingency timing. The way the contract is revised during this period can directly impact how inspection issues and financing deadlines are handled later in the transaction.

Do I need an attorney for attorney review in New Jersey?

Although not legally required, attorney involvement is strongly recommended because attorney review determines legal rights, deadlines, and risk allocation for the rest of the transaction.

Does attorney review include inspections?

Attorney review typically establishes the inspection rights and deadlines. The inspections themselves and any repair negotiations usually take place after attorney review concludes.

Can the contract still change after attorney review ends?

Yes. The parties may agree to amend the contract later, but leverage often changes once attorney review is complete.

Is attorney review the same for condominiums or new construction?

The attorney review process is similar, but condominium and new construction transactions often involve additional riders, disclosures, and risk considerations.

This overview is intended to explain how attorney review works in New Jersey and highlight common issues that arise during that phase of a residential real estate transaction.

Delays can also occur later in a New Jersey real estate transaction for reasons unrelated to attorney review, including inspection disputes, financing issues, and title problems that arise before closing.