Attorney Review in NJ Real Estate: A Buyer’s Guide

Your offer was just accepted in Northern New Jersey. Now the clock starts on one of the most important steps you will take as a buyer: attorney review. If you are moving from NYC or buying your first home in Bergen Hill, Jersey City, or nearby Bergen County, this process may be new to you. In a few short days, your attorney can strengthen your contract, protect your deposit, and set up a smoother closing. Here is how it works and how to use it to your advantage. Let’s dive in.

Attorney review basics in New Jersey

Attorney review is a short, standard period built into most New Jersey purchase contracts that lets either party’s attorney cancel or modify the agreement. The common rule is three business days. If your attorney delivers a written rescission within that window, the contract is void and your deposit is typically returned. If your attorney proposes changes and both sides agree, those changes become part of the binding contract.

The review period begins after both buyer and seller sign the contract and it is delivered as defined in the document. Business days count. Weekends and legal holidays are generally excluded under the standard form language.

By the end of review, one of three outcomes happens: no objections and the contract becomes fully binding, a written cancellation and the deal ends with deposits returned, or both sides accept negotiated changes and move forward.

When the three business days start

The countdown starts the first business day after the fully executed contract is delivered per the contract terms. Timely delivery matters. Attorneys commonly use email and follow the delivery procedures in the agreement to prove notices were sent within the window.

If no written notice or agreed amendments arrive within three business days, the standard forms provide that the contract becomes fully enforceable.

Your purchase timeline at a glance

Days 1–3: Attorney review

  • Your attorney reviews the contract, seller disclosures, any available title information, and condo or HOA documents if applicable.
  • They send requested changes or objections within the three business days.
  • You, your attorney, and your agent coordinate quickly so nothing slips past the deadline.

After review: Contract to closing

  • Inspections begin and follow the deadlines you negotiated.
  • You advance your mortgage application and appraisal while title work proceeds.
  • If attorneys negotiated substantive changes, the overall closing schedule can adjust to reflect new inspection, financing, or title timelines. The review itself is short, so it rarely adds meaningful time on its own.

What gets negotiated in review

Use this window to clarify terms and reduce surprises later. Common topics include:

  • Inspection and repairs. Define inspection scope, timelines, and whether issues will lead to repairs, credits, or escrow.
  • Financing contingency. Set the commitment deadline, the loan type, and what happens if the lender denies the loan.
  • Title and survey. Require clear title, address easements or liens, and resolve any survey concerns.
  • Condo, co-op, or HOA documents. Review budgets, meeting minutes, pending litigation, master insurance, special assessments, and parking or storage rights.
  • Municipal compliance. Confirm the seller will handle required certificates of occupancy or cure municipal violations if the town requires them.
  • Deposit and escrow terms. Clarify deposit amounts, the timeline to fund escrow, and when deposits are refundable.
  • Closing and occupancy. Set the closing date, tax prorations, walk-through timing, and any post-closing occupancy or rent-back.
  • Local issues. Add language for oil tank inspection or abandonment, and lead-paint compliance for pre-1978 homes where applicable.

Bergen Hill, Jersey City, and Bergen County specifics

Northern New Jersey’s older housing stock can reveal unique items during review. In Bergen Hill and many Jersey City neighborhoods, row houses and pre-war buildings can raise questions about historic elements, prior permits, or nonconforming uses. In Bergen County’s single-family markets, older homes may bring up oil tanks, legacy wiring, or municipal approvals.

Condominium buyers in Jersey City should expect a thorough document review, including budgets and any special assessments. Waterfront or former industrial-adjacent areas may require extra attention to environmental records or flood designations. In competitive segments across Hudson and Bergen counties, deposits can run higher to signal strength, and sellers may resist extended contingency windows.

How to prepare as a buyer

What to bring to your attorney

  • Fully executed purchase contract and any addenda.
  • Seller disclosures and known permits or municipal documents.
  • Your pre-approval and any lender conditions.
  • Condo or HOA documents, if applicable.
  • Your specific concerns, such as possible oil tank or structural issues.

Questions to ask your attorney

  • What are the exact delivery rules and deadlines for the three business days?
  • How should inspection timelines and definitions of material defects be written?
  • What is a reasonable mortgage commitment deadline in today’s market?
  • Are there title exceptions or survey issues that must be cured by closing?
  • Do municipal certificates or permits affect my plans for the property?

Coordination tips

  • Line up inspectors early. Local vendors can book quickly in busy seasons.
  • Keep your agent, attorney, and lender in sync on deadlines.
  • Be ready to move from review into inspections as soon as the contract binds.

Should you waive or shorten protections?

Some buyers shorten contingency periods or even waive them in highly competitive situations. This can improve offer strength, but it removes important safeguards. Only consider adjustments after you speak with your attorney and understand the risks.

Common red flags that emerge in review

  • Title issues such as liens, unclear ownership, or unresolved mortgages.
  • Lack of required municipal certificates or outstanding violations.
  • Substantial structural or environmental concerns raised by disclosures or inspections.
  • Significant HOA litigation, special assessments, or budget shortfalls.

Buyer mistakes to avoid

  • Missing the review deadline. Put the three business days on your calendar and confirm your attorney has delivered any notices.
  • Scheduling inspections too late. Vendors fill up, especially in Bergen and Hudson counties.
  • Leaving your agent out of the loop. Your agent and attorney should work as a team.
  • Overreaching in a tight market. Request targeted, well-supported changes rather than broad demands.

The bottom line

Attorney review is short, but it shapes everything that follows. Use it to clarify your protections, tighten timelines, and surface local issues common in Bergen Hill, Jersey City, and Bergen County. With the right team and clear communication, you will exit review confident and ready for inspections, financing, and closing.

If you want a local strategy tailored to your goals, connect with Taylor Lucyk for guidance on the Bergen and Hudson County markets and coordinated buyer representation.

FAQs

When does NJ’s three business day review start?

  • It begins the first business day after the fully executed contract is delivered as defined by the contract; weekends and legal holidays do not count under the standard forms.

Can my attorney cancel late on day three of review?

  • Yes, as long as your attorney delivers written notice within the three business day window using the delivery methods in the contract; attorneys often use email and follow with any required confirmations.

What happens to my deposit if we cancel during review?

  • If your attorney properly rescinds within the attorney review period, the contract is void and the deposit is typically returned unless the contract states otherwise.

Can we add new contingencies during attorney review?

  • Yes. Your attorney can propose new or clearer contingencies, such as inspection or financing terms, but they become binding only if the other party accepts them in writing.

Do sellers also have an attorney review in NJ?

  • Yes. The review period applies to both sides. A seller’s attorney can also object, propose changes, or rescind within the same three business days.

Should NYC buyers keep their agent involved during review?

  • Absolutely. Your agent and attorney should coordinate on timelines, inspection scheduling, and communications with the seller to avoid missed deadlines or misunderstandings.
Taylor Lucyk

About the Author

Taylor Lucyk is one of New Jersey’s most dynamic and respected real estate brokers, recognized as a leader in the state’s luxury market. As the driving force behind the #1 Real Estate Team on the NJMLS and across Northern New Jersey for two consecutive years (2023 & 2024), he has earned numerous industry awards and been featured in top publications. Known for his record-breaking sales, insider market expertise, and unwavering dedication to client service, Taylor is sought after by developers, investors, and discerning buyers alike. A Christie's Certified Luxury Real Estate Specialist and member of the prestigious Christie's Master Circle, Taylor’s professionalism, energy, and commitment to excellence continue to set him apart as a trusted advisor in New Jersey luxury real estate.

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