You signed on a Kenilworth home and the sellers accepted. Great news. But in New Jersey, your contract is not final yet. You enter a short window called attorney review that can change your terms or cancel the deal. If you understand how this period works, you can move fast, protect your deposit, and stay on track for closing.
In this guide, you’ll learn how New Jersey’s attorney review works, what “three business days” really means, how it affects contingencies and deposits, and what to expect locally in Kenilworth and Union County. You will also get a simple checklist and answers to common questions. Let’s dive in.
What attorney review means in NJ
Attorney review is a short period after both parties sign a residential purchase contract. During this time, each side’s attorney may approve, reject, or propose changes to the agreement. If an attorney issues a proper notice of disapproval within the window, the contract is typically treated as void, and the buyer’s deposit is returned per the escrow terms.
The customary attorney review period in New Jersey is three business days. If neither attorney takes action within that time, the contract becomes binding as written. Many attorney‑drafted contracts follow this same custom.
During review, attorneys often clarify terms like the closing date, who pays certain costs, what stays with the home, and how contingencies are handled. It is a normal and expected part of the process.
The three business days, explained
The three business‑day clock typically starts when the last signature is on the contract and a fully signed copy is delivered to each party or their attorney. Because timing matters, your agent should deliver the contract to the attorneys right away and keep proof of delivery.
Business days usually exclude Sundays and legal holidays. Whether Saturday counts can depend on the exact contract language and local custom. When in doubt, ask your attorney to confirm the start and end times. If an attorney sends disapproval after the window closes, the contract is usually binding unless both sides agree otherwise.
How review affects offers and contingencies
Inspection, mortgage, and appraisal contingencies remain part of your deal once the contract is binding. In practice, many contingency deadlines start after attorney review finishes and the contract becomes effective. Your attorney and lender will confirm when your specific timeline begins.
To avoid delays, you may schedule inspections as soon as the contract is signed, even during attorney review. Just know that your ability to request repairs or credits runs through the contract terms once they are binding. Your attorney will advise if any inspection concerns should be raised before or after review ends.
Deposits and counteroffers
Earnest money is typically held in a broker or title company trust account. If your attorney disapproves the contract within the review period, the deal is void and your deposit is generally returned according to the escrow agreement. After the review period, deposit rights and remedies follow the contract’s default provisions.
Your attorney may send proposed modifications during review. If the other side accepts these changes in writing, those new terms replace the prior ones and the contract becomes binding. When there are multiple offers, sellers may push for faster timelines or even a waiver of attorney review. Waiving review removes a key protection, so weigh that decision carefully with legal counsel.
Kenilworth and Union County specifics
Local closings in Union County typically occur 30 to 60 days after the contract becomes binding. Your attorney will allow extra time if a condo or HOA needs to provide documents, if title issues appear, or if municipal certificates take longer to arrive.
For Kenilworth and nearby towns, attorneys commonly order:
- Title search and title commitment to check for liens, mortgages, and judgments.
- Municipal searches for tax status, open permits, sewer and water, and any municipal charges.
- Property tax proration based on Union County’s tax calendar so each side pays the correct share.
- HOA or condo documents when needed, including master insurance and community rules.
Inspection schedules and municipal lead times vary by town. Your attorney will monitor turnaround times and plan the closing date accordingly.
Who does what on your team
Buying in New Jersey is a team effort. Here is how the roles break down:
- Agent responsibilities: deliver fully executed contracts to the attorneys, coordinate access and inspections, share disclosures, track deadlines, and keep communication clear between parties.
- Attorney responsibilities: review and modify contract language, advise on legal implications, order title and municipal searches, negotiate repairs or credits, and prepare or approve closing figures and documents.
- Title/settlement company responsibilities: issue title insurance, prepare the settlement statement, collect and disburse funds, record documents, and verify municipal certificate requirements.
Your agent should never give legal advice. In New Jersey, it is best practice to retain a New Jersey real estate attorney early, especially if you are moving from out of state.
Out‑of‑state buyer tips
If you are relocating to Kenilworth from another state or abroad, choose a New Jersey attorney at the offer stage. Many NJ attorneys can start review with scanned copies of the signed contract. Originals and closing documents will follow title company procedures.
Ask about remote closing options and notarization requirements. Rules and practices evolved after 2020, and your title company and attorney will explain current options. Clear communication, early document delivery, and quick scheduling will help you meet your deadlines.
Your day‑by‑day checklist
Use this simple checklist during attorney review to stay ahead of the curve.
Immediate (day 0 to day 1)
- Send the fully signed contract to your New Jersey attorney and confirm they received it. Ask the agents or attorneys to confirm the effective date in writing.
- If you have not retained counsel, hire a NJ real estate attorney now and confirm fees and communication preferences.
- Schedule a general home inspection and any specialized inspections you need, such as radon, pest, or septic.
- Provide your lender with requested documents so underwriting and the appraisal can get underway.
During the three business days (day 1 to day 3)
- Review your attorney’s proposed changes and discuss any questions before they are sent.
- Confirm your deposit and escrow details, including where funds are held and how refunds would work if the contract is disapproved.
- If the property is part of an HOA or condo, request the governing documents for review.
- Your attorney orders title and municipal searches for Kenilworth and Union County.
If your attorney disapproves (within the window)
- The contract is void unless both sides later agree in writing to new terms.
- Expect your deposit to be returned according to the escrow agreement.
- If you still want the home, your agent and attorney can help you structure a new offer.
If the window closes with no action
- The contract is binding on the signed terms, and contingency timelines typically begin.
- Proceed with inspections, lender underwriting, and title work as scheduled.
Common scenarios to know
- When does the clock start? Usually when both sides have signed and the fully executed contract is delivered to each party or their attorney. Keep proof of delivery.
- What if disapproval is late? If disapproval arrives after three business days, the contract is generally binding unless both parties agree to changes.
- Can you waive review? Yes, but you waive important legal protections. Consider this only after consulting your attorney.
- What if the contract is disapproved? The contract is not in effect, and deposit funds are generally returned per the escrow agreement.
- Do contingencies vanish if disapproved? Yes. If the contract is voided during review, its contingencies go with it. You would need a new agreement to proceed.
- How is NJ different from other states? In many states, a signed contract is immediately binding. New Jersey’s system gives you a brief legal check before you are locked in.
Keep your timeline on track
Attorney review moves quickly. The best way to stay in control is to prepare before you write the offer. Line up your New Jersey attorney and lender, understand the three‑day window, and be ready to schedule inspections right away. Keep all communication in writing and track dates. Small steps early can prevent big delays later.
If you want a local partner who blends market knowledge with a calm, design‑forward approach, we are here to help you navigate each step in Kenilworth and across Union County. When your team is aligned, attorney review becomes a tool, not a hurdle.
Ready to talk through your plan, timeline, and next steps? Connect with Eleana Giannisi for local guidance tailored to your move.
FAQs
What is attorney review in New Jersey?
- It is a three business‑day period after both parties sign when either side’s attorney can approve, reject, or propose changes; after it ends, the contract is typically binding.
When does the three‑day clock start on my contract?
- It usually starts when the last signature is on the contract and the fully signed copy is delivered to each party or their attorney; keep proof of delivery.
Can I waive attorney review to strengthen my offer?
- Yes, but you give up an important legal safeguard; discuss risks and alternatives with your New Jersey attorney before deciding.
What happens to my deposit if my attorney disapproves?
- If disapproval is delivered within the review window, the contract is void and your deposit is generally returned according to the escrow agreement.
Do inspection or mortgage deadlines start during review?
- Many timelines begin after attorney review when the contract is binding, but confirm exact dates with your attorney and lender based on your contract.
How long does closing take in Union County?
- A typical window is 30 to 60 days after the contract becomes binding, with extra time possible for municipal certificates, HOA documents, or title issues.
I am buying from out of state. What should I do?
- Hire a New Jersey real estate attorney early, send signed documents promptly, and confirm remote closing and notarization options with your title company and attorney.
