Attorney Review in New Jersey: What It Is and Why It Matters

If you’re buying or selling a home in New Jersey for the first time, or if it has been a while since your last move, you may hear the term “Attorney Review” and wonder what it means.

The good news is that Attorney Review is a normal part of most residential real estate transactions in New Jersey. Once you understand the process, it is much less intimidating than it sounds.

What Is Attorney Review?

In New Jersey, once a buyer and seller both sign a contract, the transaction enters a period called Attorney Review.

During this time, the buyer’s attorney and seller’s attorney have an opportunity to review the contract, explain it to their clients, and suggest changes if necessary.

Although hiring an attorney is not required, most buyers and sellers choose to do so because the contract is a legally binding document that affects their rights, obligations, and financial interests.

How Long Does Attorney Review Last?

The Attorney Review period is typically three business days.

The clock starts when the fully signed contract is delivered to both parties.

Saturdays, Sundays, and legal holidays do not count.

The attorneys can agree to extend the review period if additional time is needed.

What Happens During Attorney Review?

This is the part that often surprises first-time buyers.

The attorneys will usually send a letter stating that they “disapprove” of the contract.

That sounds alarming, but it is completely normal.

In most cases, the attorney is not trying to cancel the transaction. Instead, the attorney is preserving the client’s rights while requesting changes or clarifications to the contract.

The attorneys then communicate with each other—usually by email and sometimes by phone—to negotiate any requested changes.

Once all parties agree, the attorneys will confirm that Attorney Review has concluded.

When Does the Contract Become Binding?

The contract becomes binding when Attorney Review is concluded.

At that point, the buyer and seller are committed to moving forward under the terms of the agreement.

After Attorney Review is completed, the buyer typically:

Makes the contract deposit
Schedules home inspections
Applies for or continues the mortgage process
Works toward obtaining a mortgage commitment

The transaction then moves into the inspection, financing, and closing phases.

Do I Need an Attorney?

No. New Jersey law does not require buyers or sellers to hire an attorney.

However, most people do.

An attorney can explain the contract, answer questions, negotiate changes, review legal documents, and help resolve issues that may arise during the transaction.

Many buyers and sellers find comfort in knowing they have a professional looking out for their interests throughout the process.

One Important Risk to Understand

During Attorney Review, the contract is not yet binding.

That means another buyer could submit an offer to the seller.

In a competitive market, a seller may decide to pursue a stronger offer if one becomes available.

While this does not happen often, it is one reason why buyers, sellers, agents, and attorneys generally prefer to move through Attorney Review efficiently.

The sooner Attorney Review is concluded, the sooner the parties have a binding agreement and can move forward with confidence.

The Bottom Line

Attorney Review is not something to fear.

Think of it as a short window that gives buyers and sellers an opportunity to have a legal professional review the contract, answer questions, and make sure everyone understands the agreement before it becomes fully binding.

If you’re buying or selling a home and have questions about Attorney Review or any part of the process, I’m always happy to help explain what to expect.

— Mary Churchill