You've agreed on a price, signed the contract, and you're ready to celebrate — and then someone tells you the deal isn't actually final yet. Welcome to attorney review, one of the most New Jersey-specific parts of buying or selling a home, and one of the most misunderstood.
If you're moving here from another state, or this is your first transaction, attorney review can feel confusing. Here's what it is, how the timeline works, what typically gets negotiated, and how to get through it without losing the deal.
What Is Attorney Review in NJ?
In New Jersey, when a real estate agent prepares the sales contract (which is how most residential deals work), the contract includes a mandatory three-business-day attorney review period. During that window, either the buyer's or the seller's attorney can review the contract and either approve it, propose changes, or disapprove it entirely.
That last part is the one that surprises people: during attorney review, either side can cancel the contract for any reason or no reason at all, as long as their attorney sends written notice of disapproval within the review period. It's a built-in safety valve that exists because the standard contract was drafted by agents, not lawyers.
Attorney review grew out of a 1980s New Jersey Supreme Court decision that allowed agents to prepare residential contracts — on the condition that buyers and sellers get a window to have an attorney review them. That's why you'll find a bold attorney review clause near the top of every standard NJ residential sales contract.
How the 3-Day Clock Works
The timeline is short, and the details of how it's counted matter:
- It starts on delivery, not signing — the clock begins once the fully signed contract has been delivered to both buyer and seller
- Business days only — Saturdays, Sundays, and legal holidays don't count. A contract delivered on a Friday doesn't finish review until the following Wednesday
- Notice must be in writing — disapproval or proposed changes are typically sent by the attorney by email, fax, overnight courier, or personal delivery, per the contract's terms
- Silence means approval — if neither attorney sends a disapproval within three business days, the contract becomes binding as written
In practice, attorney review often runs longer than three days. When an attorney sends a letter proposing changes, that letter usually also disapproves the contract "unless" the changes are accepted — which keeps the deal open while both sides negotiate. Review officially ends once both attorneys agree on the final terms, which can take several days or more.
What Typically Gets Negotiated
Attorney review isn't usually about re-negotiating the price. It's about cleaning up the terms of the deal so both sides are protected. Common items include:
| Item | What's Usually Addressed |
|---|---|
| Inspection contingency | How many days the buyer has to inspect, and how repair requests or credits will be handled |
| Mortgage contingency | The deadline for the buyer's mortgage commitment and what happens if it's late |
| Closing date | Firming up or adjusting the target date to match both sides' timelines |
| Oil tanks, radon, and septic | Testing and remediation responsibilities — very common in older NJ homes |
| Certificate of occupancy | Who handles the town's CO or smoke/CO detector certification, and who pays for required repairs |
| Deposit | The amount and timing of the full deposit and who holds it in escrow |
Can a Deal Really Fall Apart During Attorney Review?
Yes — and in a competitive market, it happens. A few situations to be aware of:
Sellers taking backup or better offers
Because the contract isn't binding until review ends, a seller can technically keep receiving offers during attorney review. If a stronger offer comes in, the seller's attorney may disapprove the first contract. This is why many listings in NJ still show as "attorney review" rather than "under contract" — and why buyers sometimes keep looking until review is complete.
Buyers getting cold feet
Buyers can walk away during review too, with no penalty and their initial deposit returned. It's the one point in the process where backing out costs nothing.
The best way to protect your deal during attorney review is speed. Have an attorney lined up before you make an offer, so the contract goes to them the same day it's signed. Deals that move quickly through review are far less likely to get disrupted by a competing offer.
How to Get Through Attorney Review Smoothly
- Choose a local real estate attorney early — someone who handles residential closings regularly in New Jersey, not a general practitioner
- Be reachable — attorneys will need quick answers from you on the terms they're negotiating
- Focus on what matters — fighting over small items can drag review out and give the other side time to reconsider
- Lean on your agent — a good agent keeps both attorneys moving and flags issues before they become deal-breakers
- Don't schedule movers yet — wait until attorney review is concluded before making commitments that depend on the deal closing
This article is general information, not legal advice. Your attorney is the right person to explain how attorney review applies to your specific contract.
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