Attorney Review in NJ: What Buyers Should Expect

Attorney Review in NJ: What Buyers Should Expect

You just signed an offer on a Nutley home and heard about “attorney review.” What happens now? This short window can feel confusing, especially if it’s your first time buying in New Jersey. With the right steps and clear expectations, you can move from offer to binding contract with confidence. In this guide, you’ll learn how attorney review works, what can change, and how to keep your deal on track in Nutley. Let’s dive in.

What attorney review means in NJ

In New Jersey, the attorney review period is a brief time right after both parties sign the contract. During this window, the buyer’s and seller’s attorneys may review the agreement, suggest changes, or disapprove it. If neither attorney submits changes or a disapproval in time, the contract becomes binding as written.

This period protects you. Your attorney can add language about inspections, financing, title, and timing before you are locked in. If your attorney returns a written disapproval within the window, the contract is usually voided and your earnest money is typically returned according to escrow rules. If both sides approve changes, the signed addendum becomes part of your binding contract.

How long it lasts and when it starts

The standard attorney review period in New Jersey is three business days. Business days usually mean Monday through Friday, not including state or federal holidays. Always confirm the exact definition in your contract and with your attorney.

The clock typically starts when both parties have fully executed the contract. Agents and attorneys often confirm the start date in writing so everyone is aligned. To protect your rights, your attorney must act in writing within the review period by sending an addendum or a written disapproval.

Simple timeline examples

  • If both sides sign on Monday, attorneys generally have Tuesday, Wednesday, and Thursday to act.
  • If both sides sign late on Friday, attorneys generally have the following Monday, Tuesday, and Wednesday to act.

Verbal conversations do not preserve your rights. Written communication through the attorneys is what matters for changes or cancellation.

What can change during review

Your attorney can customize protections to fit the property, your financing, and Nutley’s local requirements. Common additions include the following.

Inspection protections

  • Inspection contingency that sets a deadline to inspect and request repairs or credits.
  • Approved inspection types (general home, radon, lead, pest, sewer scope) and who pays.
  • Clarity on “as is” language. Even in an as-is sale, buyers often keep limited inspection rights.

Financing and mortgage terms

  • Wording that protects you if mortgage approval is delayed or denied.
  • A firm deadline for loan commitment and guidance on extensions if needed.

Title and survey review

  • The right for your attorney to review the title commitment and survey and to object to defects or easements.

Closing, occupancy, and possession

  • Specific closing date, time for possession, and any early or late occupancy details.
  • How taxes, fuel, and utilities are prorated.

Municipal and certificate needs

  • Who is responsible for required municipal certificates and by when. Requirements can vary by township, so your attorney will confirm Nutley-specific needs.

Disclosures and statutory items

  • Lead-based paint disclosure for homes built before 1978, if applicable.
  • Other required seller statements and acknowledgments.

Title insurance and closing costs

  • Who pays for owner’s title insurance, transfer taxes, recording fees, and other costs.

Earnest money and remedies

  • Where your deposit is held and the conditions for return or forfeiture.
  • Clarification of remedies such as specific performance or liquidated damages.

Sale of your current home

  • If needed, a contingency that makes your purchase dependent on the sale and settlement of your current home, with clear timelines.

Steps to keep your deal on track

A little preparation goes a long way during attorney review. Use this checklist to stay ahead:

  • Retain a New Jersey real estate attorney early so review starts promptly.
  • Schedule your general home inspection right away and add specialty inspections as needed (radon, lead, pest, sewer scope).
  • Share your lender pre-approval and timelines with your attorney and agent to set realistic commitment dates.
  • Confirm who holds your earnest money, where it is deposited, and the refund conditions.
  • Ask for disclosures immediately, including the lead-based paint disclosure for pre-1978 homes, if applicable.
  • Keep communications crisp and documented. Attorneys act on written notices and addenda.
  • Prioritize health, safety, and structural items in repair requests.
  • Understand the tradeoffs of shortening or waiving attorney review. It may strengthen an offer but increases risk.
  • Confirm municipal requirements early. Nutley and other Essex County towns can have specific certificate or permit needs that affect timing.

Nutley and Essex County notes

Nutley has many older single-family and multi-family homes. With older properties, your team may see more permit history questions, code items, or repair needs. Lead-based paint disclosures may apply if a property was built before 1978.

Local municipal requirements can vary by township. Your attorney will verify what Nutley requires for certificates and inspections, and who is responsible for meeting them. Checking these items early helps you avoid last-minute surprises and keeps your closing date realistic.

What your agent coordinates

Your real estate agent is your logistics partner during attorney review. While your attorney handles legal strategy and drafting, your agent keeps the process organized and on schedule.

Here is how a responsive agent helps you move smoothly:

  • Arranges immediate inspection appointments during the attorney review window so your attorney has reports for negotiation.
  • Delivers inspection reports quickly to you and your attorney and confirms receipt.
  • Collects seller disclosures and factual information like deposit details and dates.
  • Tracks key deadlines for inspections, loan commitments, and municipal certificates and sends reminders.
  • Coordinates with the lender, title company, and attorneys to keep the closing date on track.

Your agent should not provide legal advice or draft addenda. That is your attorney’s role. Your agent’s value is keeping the pieces moving so your counsel can focus on legal protections.

Common pitfalls to avoid

  • Waiting to hire an attorney. Delays can burn valuable time in a short window.
  • Scheduling inspections too late. Without reports, your attorney has less leverage to request repairs or credits.
  • Relying on verbal assurances. If it is not written and signed by counsel, it is not part of the contract.
  • Making open-ended repair demands. Focus on major issues to keep negotiations productive.
  • Waiving or shortening review without understanding the risk. Competitive offers are important, but so is your protection.

After attorney review ends

Once attorney review ends without a disapproval, your contract is binding. Canceling later is harder and can put your deposit at risk unless a valid contingency applies. If issues come up after review, contact your attorney right away.

From there, you will focus on meeting inspection, title, appraisal, and mortgage deadlines set in the addenda. Your agent and attorney will help you sequence tasks, check municipal requirements, and prepare for a smooth closing and possession handoff.

A quick Nutley timeline example

  • Day 0: Buyer and seller sign the contract.
  • Days 1–3: Attorney review period. Attorneys may approve, modify, or disapprove.
  • Days 1–7: Inspections typically start immediately so results can inform negotiations.
  • Weeks 2–5: Title and survey review, appraisal, and mortgage processing continue.
  • Contract date: Closing set by addendum, with possession details clearly stated.

Timelines vary by property, lender, and municipal requirements. Your attorney will confirm exact dates and obligations tied to your contract.

Ready to move forward in Nutley with a clear plan for attorney review and beyond? Reach out to Donna Keena for coordinated guidance from offer to closing. As your local advisor, Donna will help you line up the right attorney, fast-track inspections, and keep every deadline on track. Start the conversation with Donna Keena.

FAQs

How long is attorney review in New Jersey?

  • It is typically three business days, but your contract controls and the parties can agree to a different period in writing.

When does the attorney review period start in NJ?

  • It usually begins when both buyer and seller have fully signed the contract. Confirm the execution date with your attorney.

Can an attorney cancel the contract during review in NJ?

  • Yes. An attorney can return a written disapproval within the review period, which generally voids the contract and allows deposit return subject to escrow rules.

Can you negotiate repairs during attorney review in NJ?

  • Yes. Buyers often use inspection results to request repairs or credits through an attorney-drafted addendum during or soon after review.

What if my lender needs more time than attorney review in NJ?

  • Attorney review addresses contract language. Your attorney can include a mortgage commitment deadline in an addendum and seek extensions if needed.

What inspections and documents should Nutley buyers get right away?

  • Schedule a general home inspection and consider radon, lead, pest, or sewer scope as appropriate. Request seller disclosures immediately, including the lead-based paint disclosure for pre-1978 homes if applicable.

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