By David Chapman · September 25, 2026 · 5 min read
If you are buying or selling a home in New Jersey, you will hear the phrase "attorney review" almost as soon as an offer is accepted. It is one of the distinctive features of a New Jersey residential sale, and it is often misunderstood. Here is what the three-day period is, how the days are counted, and what happens during it.
Where it comes from
In most New Jersey home sales, the contract is prepared by a real estate agent using a standard form. Real estate licensees are allowed to prepare these contracts on one condition: the contract must give the buyer and the seller a short period to have an attorney review it.
That condition is written into a state regulation, N.J.A.C. 11:5-6.2. The regulation requires specific language in the contract, including a notice at the top of the first page stating that it is a legally binding contract that will become final within three business days. It also tells both parties that during this period they may choose to consult an attorney, who can review and cancel the contract.
Which contracts it covers
The attorney review clause is required in contracts prepared by real estate licensees for:
- The sale of residential real estate containing one to four dwelling units.
- The sale of vacant one-family lots.
A similar provision applies to residential leases of one year or more that are prepared by licensees.
The clause is not automatic in every deal. A contract drafted by an attorney, a private sale with no broker involved, and a commercial transaction do not necessarily include an attorney review period. If you sign one of those, you may be bound immediately. Have the contract reviewed before you sign it, not after.
How the three days are counted
- The period starts when the fully signed contract has been delivered to both the buyer and the seller.
- You count three business days. Saturdays, Sundays, and legal holidays are not counted.
- If no attorney disapproves the contract within that time, it becomes legally binding as written.
For example, if the signed contract is delivered to both parties on a Thursday, the three days are Friday, Monday, and Tuesday, assuming none of them is a legal holiday. Confirm the deadline with your attorney on the day you sign.
What your attorney can do
During attorney review, the attorney for either side may disapprove the contract. The standard clause lets your attorney do so without being required to justify the reason to the other side.
An outright cancellation is not the usual result. In practice, the attorney disapproves the contract as written and proposes changes in the same letter. The other side's attorney responds, and the contract is not final until both sides agree on the revisions. That back and forth can take longer than three days. Once a timely disapproval has been sent, attorney review continues until the attorneys conclude it.
Until attorney review is concluded, either party can still walk away. A seller can accept a different offer, and a buyer can change their mind.
How the notice has to be sent
The regulation says the attorney must send notice of disapproval to the broker and the other party by certified mail, by telegram, or by personal delivery. In 2017, the New Jersey Supreme Court held in Conley v. Guerrero that a notice of disapproval may also be sent by fax, email, personal delivery, or overnight mail with proof of delivery.
What attorneys usually negotiate
The standard form is written to fit every transaction, so it does not fit yours exactly. Common subjects for changes include:
- Inspections. How long the buyer has to inspect, and what happens if problems are found.
- The mortgage contingency. The deadline for a loan commitment and the buyer's rights if financing falls through.
- The deposit. Who holds it, and when it is refunded.
- Title. What the seller must deliver and how defects are handled.
- Closing date and possession. Whether the date is firm, and any arrangement for the seller to stay after closing.
- Certificates and permits. Who obtains municipal certificates and resolves open permits.
- Property-specific items. Underground oil tanks, septic systems, wells, flood zones, tenants, and what is included in the sale.
What attorney review is not
- It is not the home inspection period. The inspection timeline is a separate contract term and usually starts after attorney review ends.
- It is not a way to renegotiate later. Once review concludes, you are bound by the terms.
Practical tips
- Choose your attorney before you make or accept an offer, so no time is lost.
- Send your attorney the signed contract the day you receive it.
- Tell your attorney what matters to you: timing, a home you need to sell first, repairs, or a tenant in place.
How we can help
David represents buyers and sellers throughout New Jersey, from contract review during the three-day period through closing. For a look at the rest of the process, see what a real estate attorney does at closing. If you have just signed a contract or are about to, contact the office right away, because the three days are already counting.
Attorney Advertising. This article is general information, not legal advice. Laws vary by state and change over time; talk to an attorney about your situation.