What Is Attorney Review When Buying a House in New Jersey?

You found a home in New Jersey, negotiated an offer, and signed the contract. Then your real estate agent tells you the contract is going into attorney review.

If you've never purchased a home in New Jersey before, this part of the process can be confusing.

What is attorney review, how long does it last, and can the contract still change after you've signed it?

Attorney review is an important part of many New Jersey residential real estate transactions. It gives the buyer's and seller's attorneys an opportunity to review the contract and address legal terms before the contract becomes final under the attorney-review provision.

Understanding what happens during this period can help buyers know what to expect after an offer is accepted and why signing a contract doesn't necessarily mean every term has been finalized.

What Is Attorney Review in New Jersey Real Estate?

In many New Jersey residential transactions involving a contract prepared by a real estate licensee, the buyer and seller have an opportunity to have attorneys review the signed contract.

During attorney review, an attorney may examine the agreement, disapprove it, and propose revisions designed to address the client's legal interests and the particular transaction.

This can include changes or additional provisions dealing with issues such as inspections, financing, appraisal, title, property condition, closing, deposits, representations, and other contractual matters.

Your attorney—not your real estate agent—should advise you regarding the legal language in your particular contract and any changes you should consider.

How Long Is Attorney Review in New Jersey?

For qualifying residential contracts prepared by New Jersey real estate licensees, the required attorney-review provision provides a three-business-day review period.

The three days are counted from delivery of the signed contract to the buyer and seller.

Saturdays, Sundays, and legal holidays are not counted.

The buyer and seller can also agree in writing to extend the attorney-review period.

This is why buyers shouldn't automatically assume that three calendar days after signing means attorney review is finished.

Does Attorney Review Always End in Three Business Days?

Not necessarily.

The three-business-day period is important because it establishes the review period contained in qualifying realtor-prepared contracts. But the parties can agree in writing to extend that period, and the attorneys may be communicating about proposed contract changes during the review process.

The actual timing of a particular transaction can therefore depend on the contract, the attorneys, the proposed revisions, and whether the parties agree to extend the review.

If you're unsure whether attorney review has concluded on your purchase, ask your attorney rather than relying on an assumed date.

What Does a Buyer's Attorney Review?

Every transaction is different, so there isn't one universal list of changes that should be made to every contract.

Depending on the property and agreement, a buyer's attorney may review or address matters involving:

• Inspection rights and deadlines
• Mortgage and financing provisions
• Appraisal-related terms
• Deposit requirements
• Title and ownership issues
• Property-condition provisions
• Representations made by the parties
• Closing and possession terms
• Included or excluded items
• Other contingencies or transaction-specific provisions

The appropriate provisions depend on the individual purchase. Your attorney should explain the legal significance of the contract and any proposed modifications.

Can the Contract Change During Attorney Review?

Yes.

One of the purposes of attorney review is to allow the attorneys to address the contract before it becomes final under the review provision.

An attorney may disapprove the existing contract and propose revisions that would make the agreement acceptable to the client.

The attorneys may then communicate regarding those proposed changes.

This doesn't mean every requested revision will automatically be accepted. Contract changes are ultimately subject to agreement between the parties.

Buyers should carefully review proposed changes with their attorney so they understand what they are agreeing to before moving forward.

Can a Buyer or Seller Cancel During Attorney Review?

The attorney-review provision applicable to qualifying licensee-prepared residential contracts provides that an attorney for the buyer or seller may review and disapprove the contract within the review period.

That is one reason buyers should contact their attorney promptly after receiving a fully signed contract rather than waiting until the end of the review period.

The exact legal effect of a disapproval, proposed revision, extension, or other communication depends on the contract and circumstances. Your attorney should advise you about your rights and obligations in your specific transaction.

Is an Accepted Offer the Same as Being Through Attorney Review?

No.

This distinction is particularly important for buyers who are accustomed to real estate practices in other states.

A seller may accept your offer and the parties may sign a contract, but a qualifying New Jersey realtor-prepared contract can still be subject to its attorney-review provision.

In other words, “offer accepted” and “attorney review completed” are not necessarily the same milestone.

Your real estate agent can help you understand where you are in the transaction process, while your attorney should advise you about the legal status of the contract.

What Should a Buyer Do When Attorney Review Begins?

Once you have a fully signed contract, move promptly.

A buyer will generally want to:

• Send the contract to the attorney handling the purchase
• Make sure the attorney knows attorney review has begun
• Discuss questions or concerns about the transaction
• Respond promptly if the attorney requests information
• Stay in communication with the real estate agent
• Continue coordinating financing with the lender
• Prepare for inspections and other upcoming deadlines based on the contract

Good communication is especially important because several parts of a home purchase can begin moving quickly once an offer is accepted.

What Happens After Attorney Review?

Once attorney review is completed and the parties are proceeding under the finalized contract terms, the transaction moves into the next stages of the purchase.

Depending on the contract and property, those stages may include:

• Home inspections and other due diligence
• Mortgage processing and underwriting
• Appraisal
• Title work
• Homeowners insurance arrangements
• Resolution of contractual contingencies
• Final closing preparation
• Final walkthrough
• Closing

Our New Jersey Home Buyer Guide provides a broader overview of the steps involved in purchasing a home.

Should You Schedule the Home Inspection During Attorney Review?

Inspection timing should be coordinated carefully because your contract establishes the applicable inspection rights and deadlines.

Buyers should discuss the timing with their real estate agent and attorney so they understand when inspections should be scheduled and what contractual requirements apply.

Once it's appropriate to proceed, scheduling promptly can be important because inspectors may have limited availability and contractual deadlines still need to be met.

What About Your Mortgage During Attorney Review?

If you're financing the purchase, stay in communication with your mortgage professional throughout the process.

Your lender may need an executed contract and additional documentation to continue processing your mortgage application.

Don't assume that attorney review means you should stop communicating with the lender. Instead, make sure your lender knows the status of the transaction and follow the instructions provided by your attorney and mortgage professional.

If you're still preparing financially for a purchase, our article How Much Money Do You Need to Buy Your First Home in New Jersey? explains down payments, closing costs, cash to close, and other expenses buyers should consider.

You can also use our Mortgage Calculator and Home Affordability Calculator as planning tools while evaluating your potential purchase.

How Is Attorney Review Different From a Home Inspection?

Attorney review and the home inspection serve very different purposes.

Attorney review focuses on the contract and legal terms of the transaction.

A home inspection focuses primarily on the physical condition of the property.

The inspection may identify defects or conditions that warrant further evaluation, while the contract determines the buyer's rights, deadlines, and options regarding inspection-related issues.

Because the two processes can interact, buyers should follow both their attorney's legal guidance and their real estate professional's transaction guidance.

Is Attorney Review the Same as Closing?

No. Attorney review happens much earlier in the transaction.

Completing attorney review doesn't mean you've purchased the property or that all contingencies have been satisfied.

There may still be inspections, financing, appraisal, title work, insurance requirements, contractual deadlines, and other steps before closing.

If you're planning your overall purchase budget, our guide to Closing Costs When Buying a Home in New Jersey explains many of the expenses that may arise before or at closing.

Why Attorney Review Matters for New Jersey Home Buyers

Buying a home is both a major financial decision and a legal transaction.

The purchase contract establishes important rights, responsibilities, deadlines, contingencies, and obligations for both the buyer and seller.

Attorney review gives buyers an opportunity to have a qualified New Jersey attorney evaluate those legal terms and advise them before the contract becomes final under the applicable review provision.

For buyers, the most important takeaway is simple:

Don't treat attorney review as a formality. Pay attention to the timeline, communicate promptly with your attorney, and make sure you understand the contract you're agreeing to.

Frequently Asked Questions About Attorney Review in New Jersey

What is attorney review when buying a house in New Jersey?

Attorney review is a period in many New Jersey residential real estate transactions during which the buyer's and seller's attorneys may review the signed contract, disapprove it, and propose changes before it becomes final under the attorney-review provision.

How long is attorney review in New Jersey?

For qualifying residential contracts prepared by real estate licensees, the attorney-review provision establishes a three-business-day review period. Saturdays, Sundays, and legal holidays aren't counted, and the parties can agree in writing to extend the review period.

When does the three-day attorney-review period start?

Under the required attorney-review provision for qualifying licensee-prepared contracts, the three days are counted from delivery of the signed contract to the buyer and seller.

Can attorney review take longer than three business days?

Yes. The buyer and seller can agree in writing to extend the attorney-review period. The timing of a particular transaction can also depend on the attorneys' communications and proposed contract revisions.

Can the contract be changed during attorney review?

Yes. Attorneys may propose revisions during the review process. Proposed changes aren't automatically accepted; the final terms depend on what the parties agree to.

Can a contract be canceled during attorney review in New Jersey?

The attorney-review provision applicable to qualifying licensee-prepared residential contracts allows an attorney for the buyer or seller to review and disapprove the contract within the applicable review period. Buyers and sellers should obtain advice from their own attorney about their specific contract and circumstances.

What happens after attorney review is completed?

The transaction generally proceeds under the finalized contract terms toward the remaining purchase steps, which may include inspections, financing, appraisal, title work, contingency resolution, final walkthrough, and closing.

Do I need a real estate attorney when buying a home in New Jersey?

Attorney involvement and the legal requirements applicable to a particular transaction can depend on how the contract was prepared and the circumstances of the purchase. Because a real estate purchase creates significant legal obligations, buyers should obtain legal advice from a qualified New Jersey attorney regarding their individual transaction.

Buying a Home in New Jersey?

Attorney review is only one part of the home-buying process, but understanding it before you make an offer can help you feel much more prepared when the right home comes along.

The Egri Team at Keller Williams Elite Realtors helps New Jersey buyers navigate the real estate side of the process—from preparing for the home search and evaluating properties to developing an offer strategy and coordinating with the attorneys, lenders, inspectors, and other professionals involved in the transaction.

If you're buying your first home, visit our First-Time Home Buyers resource for additional guidance.

You can also search homes for sale throughout New Jersey or contact The Egri Team when you're ready to discuss your home-buying plans.

A strong home purchase isn't just about getting your offer accepted. It's about understanding what happens next and making informed decisions throughout the transaction.

This article provides general educational information about the New Jersey home-buying process and is not legal, tax, financial, or accounting advice. Real estate contracts and transactions vary. Buyers and sellers should consult a qualified New Jersey attorney regarding their individual contract, rights, obligations, and circumstances.