Melissa Maiorelli of Nancy Chu Homes
By Melissa Maiorelli, Nancy Chu Homes
No law in New Jersey says you have to hire an attorney to buy a house. My answer is still always yes. Attorney review is one of the first things that surprises first-time buyers here, and it's the one window where someone on your side can change the contract or cancel it. Here's how it works, step by step. One note before we start: I'm a real estate agent, not an attorney. This is how the process works in general. Your attorney is the one who protects you during it.
The short answer: you're not legally required to hire one, but you should. In New Jersey, your attorney gets three business days to review the signed contract and change it or cancel it. Once those days pass, you're bound by what you signed.
Do I need an attorney to buy a house in NJ?
No law says you have to hire one. I wouldn't buy a home here without one, specifically a real estate attorney, and I tell every buyer the same thing.
Your attorney is the person whose job is to protect your legal interests in the deal. I can tell you what a house is worth and help you write a strong offer, but I can't give you legal advice. And the seller's attorney works for the seller. Attorney review is the one window where someone on your side can change the contract or cancel it. Once those three business days pass, you're bound by what you signed.
During review, your attorney reads every term, asks the seller for changes, and makes sure your inspection and mortgage dates are ones you can actually meet. My buyers work with an attorney from the offer all the way to the closing table. If you don't have one yet, I can connect you with attorneys my clients have used.
Why hire a real estate attorney?
A real estate attorney does this every day. They know the contract like the back of their hand, so they can spot a term that could hurt you before you're locked in. When the seller's attorney pushes back, yours fights for you and knows how to keep your best interests protected. An attorney who practices in another area may not see these contracts every week. With only three business days to work with, you want someone who does.
What is attorney review in NJ?
When a real estate licensee prepares the contract for a home with one to four units, or for a vacant one-family lot, New Jersey requires an attorney review clause in that contract. It gives each side's attorney three business days to review the signed contract. During those days, either attorney can disapprove it, and if one does, the contract isn't binding. If nobody disapproves, the contract becomes legally binding when the three days end. (Source: N.J. Admin. Code § 11:5-6.2.)
How are the three days counted?
The clock starts when the signed contract is delivered to both the buyer and the seller. Saturdays, Sundays, and legal holidays don't count. If your attorney wants changes, they send the other side a written disapproval letter within those three business days, and the back-and-forth can keep going after that. If no attorney sends a letter in time, the contract becomes binding as written. Your attorney will tell you the exact date your three-day window ends.
My teammate Claudia Moreira walks through the day-by-day count, with examples, in What Is Attorney Review in NJ? The 3 Business Days Explained.
What actually happens during attorney review?
Your attorney reads the contract and often sends the other side a letter asking for changes. Typical topics are the inspection timeline, the mortgage contingency date, the closing date, and what stays with the house. The seller's attorney responds, and the two go back and forth until both sides agree or one side cancels.
Can the seller still take another offer?
Until attorney review ends, the contract isn't final, and either attorney can still cancel within the window. That's one reason some sellers keep showing a house or take backup offers during review. If the house is in demand, ask your attorney how to keep the review moving so the window doesn't drag.
Is attorney review the same as the inspection period?
No. Attorney review is about the contract itself. The inspection period is a separate timeline written into the contract for checking the home's condition. Your attorney can explain how the two fit together in your contract.
How do I get ready for attorney review?
- Have your attorney picked out before you make an offer. Three business days go fast.
- Let me get the contract moving. I send the signed contract to the attorneys right away, so none of your three days go to waste.
- Tell your attorney what matters most to you: your inspection, your closing date, anything you want included in the sale.
- Keep your lender moving. Your mortgage application can run at the same time as attorney review.
- Get ready for your inspection. I book the home inspector so you're ready when your inspection period starts.
Why I explain this before you write an offer
The first time a buyer hears "attorney review" shouldn't be after they sign. When my clients know the steps ahead of time, those three days feel like a plan instead of a scare. It's the same reason I run comps on a house before we write an offer. No surprises.
The bottom line
In New Jersey, a signed contract on a one-to-four-unit home isn't binding until the three-business-day attorney review period ends without either attorney disapproving it. Pick your attorney early. I'll get them the contract fast, and they'll do their job.
Keep reading
- What Is Attorney Review in NJ? The 3 Business Days Explained
- What Is an Appraisal Gap in NJ, and Do You Need Cash for One?
- Will My Property Taxes Be the Same as the Seller's in Bloomfield, NJ?
Buying your first home in New Jersey
Grab a time on my calendar, or call or text me at 908-347-0639.
Melissa Maiorelli, Real Estate Salesperson · Keller Williams NJ Metro Group · Nancy Chu Homes · Cell 908-347-0639 · Email: melissa@nancychuhomes.com · Office 973-783-7400 · 237 Lorraine Ave., Montclair, NJ 07043 · NJ License 2330325
This article is general information about how attorney review works. It is not legal advice, and I'm not an attorney. Talk to a New Jersey real estate attorney about your contract.
