You just got an offer accepted in Mountainside. Now your agent mentions New Jersey’s attorney review and the three business days start ticking. It can feel fast and a little confusing, especially if this is your first time buying in Union County.
Here’s the good news: attorney review exists to protect you. In this guide, you’ll learn what attorney review is, how the clock works, what can change, and how to navigate it smoothly in Mountainside. You’ll also get a simple timeline example and practical strategies to keep your deal on track. Let’s dive in.
What attorney review means in NJ
Attorney review is a short, built-in window in most New Jersey residential contracts that lets either party’s attorney review, amend, or cancel the signed contract. It is there to protect both buyer and seller by allowing lawyers to fix issues or exit without penalties.
Most local transactions use the New Jersey Association of REALTORS standard contract or a similar form that includes an attorney review clause. The exact language in your signed contract controls, so always check your version.
In practice, attorney review is commonly three business days. Business days usually exclude Saturdays, Sundays, and legal holidays. During this period, either side’s attorney can cancel the contract by delivering a proper written notice. If no one cancels within the window, the contract becomes fully binding as written. Attorneys can also propose written amendments that both parties must accept to modify the contract.
When the clock starts and stops
Timing is everything. The review period usually starts when a fully signed contract is delivered to the parties or their attorneys. With electronic signatures and email delivery, the exact timestamp can matter.
- Confirm how your contract defines “delivery” and when the clock begins.
- Make sure your attorney promptly receives the fully executed contract and confirms receipt.
- Know how notices must be delivered under your contract. Email is common, but follow the notice instructions precisely.
If neither attorney delivers a valid cancellation before the deadline, the contract typically becomes binding at the end of the review period.
What attorneys often change during review
During attorney review, lawyers focus on terms that affect your protection, deadlines, and costs. Commonly negotiated items include:
Inspection rights and remedies
- Scope and timing of inspections and re-inspections
- How defects are handled, including repair obligations and right to cancel for major issues
- Whether you receive a credit at closing or the seller completes repairs
Financing and appraisal details
- Mortgage contingency timelines for application, appraisal, and commitment
- What happens if the appraisal is low and how gaps are handled
- Clarifying seller remedies if financing falls through despite good-faith efforts
Title, survey, and deed items
- Who clears and pays for title defects or municipal issues
- Requirements for surveys and how encroachments or easements are addressed
- Deed form and title insurance expectations
Closing date and occupancy
- Adjusting the target closing date
- Possession timing and any use-and-occupancy agreements if needed
Costs, prorations, and inclusions
- Allocation of taxes, HOA fees, and recording charges
- Which fixtures, appliances, or personal property stay with the home
Default remedies and deposit language
- What happens if either party defaults
- Clarifying deposit forfeiture and any specific performance provisions
These changes are typically documented in writing using attorney-prepared addenda or standard amendment forms. The key is that both parties agree in writing for changes to take effect.
What usually stays the same
While anything can be negotiated, the fundamental economic terms that brought both sides together — like purchase price and the initial deposit — are less commonly changed during review unless a party decides to cancel.
How review interacts with inspections, financing, and escrow
Attorney review often overlaps with your early due diligence. Here is how the pieces typically fit together:
Inspections
Inspection timelines are separate from the attorney review window and depend on your contract or an inspection rider. Many buyers in Mountainside schedule inspections right away so reports are available during review. If an inspection uncovers issues, your attorney can propose repair language, credits, or a cancellation within the window.
Financing
Mortgage contingency dates are usually set in the contract and may start upon ratification or attorney approval, depending on the wording. Your attorney can tighten or clarify these terms during review, including how a low appraisal is handled.
Earnest money and escrow
If an attorney cancels the contract within the review period according to the contract rules, the usual practice is for the buyer’s earnest money to be returned. Always verify escrow instructions and follow the exact notice procedures in your contract.
A simple Mountainside timeline example
Every contract is different. Use this example only to visualize the flow, then follow your actual dates and deadlines.
- Day 0: Buyer and seller sign. Fully executed contract is delivered to both attorneys. The three-business-day clock starts if your contract says it starts upon delivery.
- Day 1: Buyer schedules home inspection, wood-destroying insect inspection, and any specialized inspections as allowed.
- Day 2: Inspections take place. Buyer and agent send reports to the attorney as they arrive.
- Day 3: Buyer’s attorney sends an attorney review letter proposing amendments for inspection rights, financing language, and any clarifications. Seller’s attorney may counter.
- Day 3 by end of day: If no cancellation notice is delivered, the contract typically becomes binding as written or as amended if both parties sign off.
Your actual sequence may shift depending on when delivery occurs, attorney availability, and inspection scheduling. The safest move is to confirm all timestamps in writing and build in cushion.
Risks and smart strategies for Mountainside buyers
Mountainside is a desirable Union County community, and market conditions can be competitive at times. That can create pressure to move fast. Here are practical ways to balance offer strength with legal protection:
- Keep full attorney review but act quickly. Pre-book inspectors and plan a same-day consult with your attorney after signing so you can propose amendments early.
- Shorten, but do not eliminate, attorney review. In multiple-offer situations some buyers agree to a shorter window after discussing risks with counsel.
- Pre-authorize limited review items. Your attorney can focus on a few critical protections while signaling to the seller that you intend a smooth process.
- Do not waive attorney review lightly. Waiving removes an important safeguard and increases risk. Get legal advice before considering it.
Whatever you choose, the contract language and the delivery timestamps control. Missing a deadline can convert negotiations into a binding agreement you cannot walk away from without potential consequences. Build reminders, confirm receipt of all notices, and communicate clearly.
How your agent coordinates the moving pieces
A responsive local agent helps you stay ahead of deadlines and keep negotiations smooth. In a typical Mountainside transaction, your agent should:
- Confirm all signatures and deliver the executed contract to both attorneys and the escrow holder right away, with written receipt confirmations.
- Share your inspector options and availability so inspections can be scheduled immediately.
- Track attorney review deadlines and inspection windows, and keep you updated on what each proposed amendment means in plain language.
- Coordinate with your attorney and lender so financing timelines and appraisal needs are clear from the start.
This kind of coordination helps you protect your interests while keeping your offer attractive to the seller.
Key takeaways for Mountainside buyers
- Attorney review is a short but powerful window, commonly three business days, that allows attorneys to cancel or amend a signed contract without penalty.
- Many buyer protections are refined here, including inspection remedies, financing details, title items, closing timelines, and remedies for default.
- Timing and delivery rules matter. Confirm when the clock starts, how notices must be sent, and who has received what.
- In competitive situations, consider a faster but still protective strategy with your attorney rather than waiving review entirely.
- Always rely on your executed contract’s wording and consult a qualified New Jersey real estate attorney for advice.
Next steps
- As soon as your offer is accepted, send the executed contract to your attorney and confirm when the review period begins.
- Pre-schedule inspections so you can deliver reports promptly.
- Talk with your lender about appraisal timing and mortgage contingency dates.
- Coordinate closely with your agent and attorney to propose any needed amendments early in the window.
If you want a calm, coordinated path through attorney review, reach out for local guidance. Talk with Carol DiGraci and start your Mountainside purchase on the right foot with the team at Unknown Company.
FAQs
How long is attorney review in New Jersey?
- It is commonly three business days under standard New Jersey contract forms, but your executed contract controls the exact timeframe.
When does the attorney review clock start on my deal?
- It typically starts when a fully signed contract is delivered to the parties or their attorneys; verify how your contract defines delivery and confirm receipt timestamps.
Can my attorney cancel during review for any reason?
- Yes, during the attorney review period either party’s attorney may cancel by delivering a proper written notice within the window, without stating a reason.
Do I lose my deposit if my attorney cancels in time?
- Standard practice is that a timely cancellation voids the contract and the buyer’s earnest money is returned; confirm details with your escrow holder and contract.
What can actually change during attorney review?
- Attorneys often negotiate inspection remedies, financing and appraisal terms, title and survey items, closing dates, cost allocations, inclusions, and default remedies.
How do inspections fit with attorney review timing?
- Inspection timelines are separate but often run in parallel; many buyers schedule inspections immediately so attorneys can address findings within the review period.
Should I waive attorney review to win a Mountainside bidding war?
- Waiving removes a key protection and increases risk; some buyers shorten the window in competitive situations after consulting a qualified New Jersey attorney.
