If you're buying your first home in New Jersey, you'll probably hear a term that friends buying homes in other states may not mention nearly as much:
Attorney review.
Your offer gets accepted, everyone signs the contract, and then your agent tells you the contract is going to the attorneys.
So what exactly is happening?
Let's break it down.
What Is Attorney Review in New Jersey?
New Jersey's attorney-review process applies to certain residential real estate contracts prepared by licensed real estate brokers or salespeople.
The standard attorney-review clause gives the buyer and seller the opportunity to have their respective attorneys review the agreement.
The provision generally provides a three-business-day attorney review period. Saturdays, Sundays, and legal holidays aren't counted when calculating those three days.
The New Jersey Supreme Court has described the purpose of attorney review as protecting consumers by giving them an opportunity to obtain legal advice before becoming finally bound by a broker-prepared agreement.
When Does the Three-Day Period Start?
This is where it's important not to rely on a shortcut you heard from someone else's transaction.
The standard clause describes the period as running from delivery of the signed contract to the buyer and seller, with Saturdays, Sundays, and legal holidays excluded. The parties can also agree in writing to extend the review period.
Your attorney should determine the deadlines that apply to your particular contract.
As your real estate agent, I'll help keep the transaction moving, but I'm not going to give you legal advice about whether an attorney-review deadline has been satisfied.
That's your attorney's lane.
What Does the Attorney Actually Review?
Your attorney may review the contract terms and discuss proposed changes with you.
What changes make sense depends entirely on the transaction.
A real estate contract can address issues such as:
Purchase price
Deposits
Financing
Inspection provisions
Closing dates
Property condition
Items included in the sale
Title
Possession
Other obligations of the buyer and seller
Your attorney's job is to advise you regarding the legal meaning and implications of the agreement.
That's very different from my role as your real estate agent.
What Does Your Real Estate Agent Do During Attorney Review?
We're still involved.
While your attorney handles legal advice and contract language, I'm keeping track of the real estate transaction as a whole.
That can include coordinating information among the parties, preparing for inspections, staying in contact with the other agent, communicating with your lender, and making sure you know what comes next.
Think of it as a team.
Your attorney handles legal advice.
Your lender handles your mortgage.
Your inspector evaluates the property.
I help you navigate the real estate process and keep everything connected.
Can the Contract Be Changed During Attorney Review?
Attorneys may propose revisions to the agreement during attorney review.
Whether those revisions are accepted is another question.
The two sides may discuss proposed changes through their attorneys until the review process is resolved.
The exact language of those changes matters, which is another reason this part belongs with attorneys rather than agents giving legal advice.
Can a Contract Be Cancelled During Attorney Review?
Attorney review is not just a formality.
New Jersey case law recognizes that the attorney-review provision allows counsel to disapprove a qualifying broker-prepared contract within the applicable review period.
The circumstances of any individual cancellation or disapproval are legal matters, so your attorney should advise you about your rights under your specific agreement.
Is Attorney Review Just a Three-Day Cooling-Off Period?
I wouldn't describe it that way.
The New Jersey Supreme Court has specifically explained that the attorney-review clause is more than simply a cooling-off period. Its purpose is to give the parties the opportunity to obtain legal advice about a significant transaction before becoming finally bound under the broker-prepared contract.
That's an important distinction.
This isn't just three days for buyers to randomly decide whether they still like the kitchen.
It is a legal review process.
What Should a Buyer Do During Attorney Review?
For a first-time buyer, I'd keep it simple:
Stay available.
Stay in communication.
Read what your attorney sends you.
Ask questions when you don't understand something.
And don't assume that something is unimportant because the language looks boring.
You're purchasing real estate.
It's okay to ask your attorney to explain what a provision actually means for you.
What Happens After Attorney Review?
Once attorney review is concluded and the parties move forward under the agreed contract, the transaction continues into the next stages.
Depending on your contract, those stages may include:
Deposits
Home inspections
Mortgage processing
Appraisal
Title work
Underwriting
Final walkthrough
Closing
Read What Happens After Your Offer Is Accepted on a House in New Jersey?
Why First-Time Buyers Should Understand Attorney Review
You don't need to memorize New Jersey real estate law.
That's not your job.
But understanding why attorney review exists makes the first few days after an accepted offer much less confusing.
When I tell you we're in attorney review, it doesn't mean something has gone wrong.
It's a normal and important part of many New Jersey residential transactions involving broker-prepared contracts.
Buying Your First Home in South Jersey?
If you're planning to buy your first home in South Jersey, you'll probably encounter terms like attorney review, inspection contingency, earnest money, appraisal, title, underwriting, and clear to close.
At first, it sounds like another language.
My goal is to make sure you understand the process while the right professionals handle their respective areas of expertise.
If you're thinking about buying in Camden County, Burlington County, Gloucester County, or elsewhere in South Jersey, you don't need to learn everything before reaching out.
We can take it one step at a time.
Keller Williams Realty Cherry Hill: 856-685-1688
Contact me: 856-701-0440 | david.raymond@kw.com
What Happens After Your Offer Is Accepted in New Jersey?
How to Buy Your First Home in New Jersey: A Step-by-Step Guide
What Are Closing Costs When Buying a House in New Jersey?
This article is for general educational purposes only and is not legal advice. Attorney review and contract rights depend on the agreement and circumstances of the transaction. Buyers and sellers should consult a New Jersey attorney regarding their specific legal rights and obligations.
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