Heard friends talk about “attorney review” and wondered what that actually means for your offer? If you are buying in Chester or anywhere in Morris County, this short window can protect you, shape your timeline, and affect your negotiating power. You want clear guidance so you can move fast without missing key steps. In this post, you’ll learn what attorney review is, when it starts, what gets negotiated, and how to handle local issues like septic and wells. Let’s dive in.
What attorney review is
Attorney review is a brief period after you and the seller sign a New Jersey residential purchase contract. During this time, either side’s attorney can approve the agreement, suggest changes, or cancel the contract without penalty. If the period ends with no cancellation, the contract becomes final and binding.
This right comes from the standard New Jersey Realtors and New Jersey State Bar Association contract form that most local agents use. It is a contractual provision, not a separate consumer law. Most contracts start with a three business day review period unless both parties agree otherwise in writing.
If your attorney cancels within the review window, you return to your pre-contract position. Your deposit is typically returned under the contract terms.
When the clock starts
The review period begins when a fully executed contract is delivered to both parties and their attorneys. After your offer is accepted and signed, agents distribute the executed contract to you, the seller, and the attorneys. The “clock” starts on delivery, so it helps to confirm exactly when each attorney received the document.
Most contracts use business days. Weekends and legal holidays do not count. If your attorney receives the contract on a Friday evening, Day 1 is usually Monday. In that example, the three business days would run Monday, Tuesday, and Wednesday, and would commonly expire at the end of Wednesday.
Confirm delivery and counting
- Ask for a timestamp when both attorneys receive the fully executed contract.
- Track business days and watch for holidays.
- Clarify the exact cutoff time your attorneys use for day-end.
What happens during review
During the three business days, attorneys typically do three things:
- Approve the contract as written, which makes it binding.
- Propose changes through a rider or redline. The other side can accept, counter, or cancel.
- Cancel the contract in writing. If canceled within review, the deal ends and your deposit is typically returned.
If changes are proposed, both sides must agree on the final language before the deadline. If the review period expires with no cancellation and no open conditional counter, the contract becomes binding as-is or as modified by agreed riders.
What review covers
Your attorney uses this time to make the contract fit your situation and address local risks. Common items include:
- Contract dates and obligations, such as closing date and possession timing.
- Title and deed details, including how title will be delivered and who handles closing.
- Financing contingencies and timelines that match your lender’s requirements.
- Inspection provisions and deadlines for home, radon, well, and septic inspections.
- Municipal items like certificates, zoning compliance, and any local approvals.
- HOA or condo documents and estoppel letters if applicable.
- Closing cost allocations, tax and fee prorations, and adjustments.
- Requests for seller documents, such as smoke and carbon monoxide compliance and disclosures.
What review does not cover
Attorney review does not replace later steps. You still need to complete:
- Home inspections and any repair or credit negotiations under your inspection contingency.
- Mortgage underwriting and all lender conditions, which follow lender timelines.
- Title searches and surveys that can reveal issues after review ends.
- Local environmental or specialty inspections, including septic and well testing, that you schedule under the inspection contingency.
Chester and Morris County factors
Chester has many rural and semi-rural properties. Your attorney will often add language for:
- Septic and well: Extra time for a septic inspection, Board of Health requirements, and well water testing. Expect contingency language for failed tests or required remediation.
- Open space and conservation: Identification of any conservation easements, open-space restrictions, or agricultural assessments that may limit use.
- Historic structures and outbuildings: Requests for permits or municipal compliance records when there are older homes or detached structures.
- Floodplains and wetlands: Clarifications on building restrictions and insurance requirements when properties are near flood zones or mapped wetlands.
Addressing these items in review helps prevent surprises later.
Offer strategy and tradeoffs
How you handle attorney review can affect your offer’s strength:
- Keep the standard three business days. This is common and gives your attorney proper time.
- Shorten the period. You may choose a faster turnaround to be more competitive. This reduces time to negotiate and raises risk.
- Waive review. Some buyers waive attorney review to signal certainty. This is risky because you give up the contractual right to cancel or negotiate through counsel in that window.
- Trade concessions. In some cases, you might offer a shorter review in exchange for a seller credit or a specific repair agreement.
Risks to weigh
- Reduced protections if you shorten or waive the period.
- Miscounting business days and letting the deadline pass unintentionally.
- Deposit exposure once the contract becomes binding. After review, your deposit is generally subject only to the contingencies in the contract, such as inspection or financing.
Coordinate with inspections and financing
Plan your steps so timelines do not collide:
- Retain a local real estate attorney as early as possible. Share your offer terms and lender contact details right away.
- Schedule inspections promptly. Some buyers try to complete inspections during review so legal and inspection items move in parallel.
- Confirm lender timelines before offering a shortened review. Your attorney will align contract dates, but the lender’s process runs on its own schedule.
- Provide your attorney with disclosures, the MLS detail, and proof of funds to speed review and negotiations.
Buyer checklist
Use this quick plan to stay organized.
Before you make an offer:
- Hire a local real estate attorney with Morris County experience.
- Obtain mortgage pre-approval and gather proof of funds for your deposit.
- Ask your agent for disclosures, any available surveys, and relevant HOA documents if applicable.
After your offer is accepted:
- Confirm the exact date and time both attorneys received the fully executed contract.
- Send your attorney the MLS sheet, disclosures, lender contact, and proof of funds.
- Schedule your home inspection and any septic, well, or radon tests if timing allows.
- Clarify where the escrow deposit will be held and how it will be delivered.
During attorney review:
- Expect your attorney to propose changes as needed and coordinate with your agent.
- Track the deadline in business days and watch for holidays.
- Get written confirmation when the review ends or approval is returned.
If you agree to changes:
- Make sure all modifications are signed by both parties before the deadline.
After review ends:
- Confirm inspection and financing contingency dates.
- Stay in touch with your lender and inspector to keep the file moving.
Common pitfalls
- Miscounting business days and missing the deadline.
- Assuming inspection or financing protections are automatically included. They must be written into the contract.
- Waiving review without fully understanding the risks.
- Failing to give your attorney the key documents they need to work quickly.
- Overlooking local items like septic, well, or easements that require extra riders.
Example timeline
Here is a typical flow you might see in Chester:
- Friday afternoon: Offer accepted and both parties sign. Executed contract goes to the attorneys Friday evening.
- Monday: Day 1 of attorney review. Attorneys begin their review and draft any riders.
- Tuesday: Negotiation on proposed language continues.
- Wednesday: Deadline day. Attorneys finalize changes and sign approvals. With no cancellation, the contract becomes binding at the end of the day.
This example assumes there is no holiday. If a holiday falls during the period, the expiration moves to the next business day.
Next steps
Choosing a home in Chester is a big move. Clear timelines and the right rider language can save you stress and money. If you want help coordinating your offer, attorney review, inspections, and lender timelines, connect with a local pro who is responsive and detail-focused. Reach out to Alexander Goldman-Spanja for practical guidance and a smooth path from offer to closing.
FAQs
What is New Jersey attorney review for buyers?
- It is a brief period, commonly three business days after both sides sign, when attorneys can approve, amend, or cancel a residential purchase contract without penalty.
When does the attorney review clock start?
- It starts when the fully executed contract is delivered to both parties and their attorneys, and business days are used to count the three-day period.
Can I do inspections during attorney review in Chester?
- Yes, many buyers schedule home, septic, well, and radon inspections quickly so legal review and inspections can progress in parallel, subject to contract timelines.
What happens to my deposit if my attorney cancels during review?
- A timely cancellation during review returns you to the pre-contract position, and your deposit is typically returned under the contract terms.
Is waiving attorney review a good way to win a home?
- It can strengthen an offer but increases risk because you give up the contractual right to cancel or negotiate through your attorney during that window.
What local riders might I see in Chester and Morris County?
- Riders often address septic inspection and approvals, well water testing, conservation or agricultural restrictions, and issues related to historic structures or floodplains.
How do holidays affect the three business days?
- Holidays do not count toward business days, so the review expiration shifts to the next business day after the holiday.
