What Is Attorney Review in New Jersey? A Guide for Buyers Moving From Out of State

Attorney review is a three-business-day window after a New Jersey home sale contract is signed and delivered, when an attorney for the buyer or the seller can review the contract and disapprove it. If no attorney disapproves in time, the contract becomes legally binding as written. The rule comes from the New Jersey Real Estate Commission's regulations, N.J.A.C. 11:5-6.2, and it applies to contracts that real estate licensees prepare for homes with one to four units.

I'm Dennis Mark Interdonato with The Dennis Mark Group. Buyers moving to Monmouth and Ocean County from other states often haven't seen this step before, and it surprises them at exactly the wrong moment: right after the offer is accepted. Here's how it works, in the regulation's own terms.

What is attorney review in New Jersey?

Under N.J.A.C. 11:5-6.2, contracts prepared by real estate licensees for the sale of residential property with one to four dwelling units, and for vacant one-family lots, have to carry this notice at the top of the first page, in larger print than the rest:

"THIS IS A LEGALLY BINDING CONTRACT THAT WILL BECOME FINAL WITHIN THREE BUSINESS DAYS. DURING THIS PERIOD YOU MAY CHOOSE TO CONSULT AN ATTORNEY WHO CAN REVIEW AND CANCEL THE CONTRACT."

The contract also has to include an attorney review section that explains how it works. The buyer or the seller may choose to have an attorney study the contract. If one does, the attorney has to finish within the three-day period, and the contract becomes legally binding at the end of it unless an attorney for either side disapproves.

How are the three days counted?

The regulation says you count the three days from the date the signed contract is delivered to the buyer and the seller. Saturdays, Sundays and legal holidays don't count. The buyer and seller can agree in writing to extend the period.

In practice, that means a contract delivered late in the week can run into the next week, and a holiday weekend stretches it further. Your attorney will tell you the exact deadline for your contract. The point for you as a buyer: once the signed contract lands, the clock is running.

How does an attorney cancel a contract during attorney review?

With a notice of disapproval. The regulation says the attorney has to notify the broker or brokers and the other party within the three-day period, by certified mail, by telegram or by delivering it in person. Certified mail and telegrams count when they're sent. Personal delivery counts when it reaches the broker's office. The contract has to list the names and full addresses of everyone who must receive the notice.

The regulation also says the attorney may, but doesn't have to, tell the brokers what changes would make the contract acceptable. A buyer's attorney and the seller's attorney can trade proposed changes during these days, and the deal moves forward once both sides agree.

What does this mean if you're buying from another state?

• Hire your New Jersey attorney before you make an offer. Three business days is not enough time to find, interview and hire someone after the fact.
• Stay reachable. Your attorney may need answers from you fast, across time zones.
• Don't book the movers yet. Until attorney review ends, either side's attorney can still disapprove.
• Know what your attorney is looking at. Ask them which terms they plan to review and why. That's their job, not mine, and I'll make sure they have everything they need from my side.

The rest of the buying-from-afar process is in how to buy a home in New Jersey when you live out of state.

Is attorney review the same as a home inspection?

No. Attorney review is a legal review of the contract. Inspections are a separate step with their own terms in the contract. Ask your attorney how the inspection terms in your contract work and what they allow. Where the house itself is concerned, I'll tell you what I'd look at closely. I've been building and renovating New Jersey homes since 2003, and I give buyers a construction-level read on the house.

What else does the regulation say about home sale contracts?

It covers commissions too, and the short version is that they're set by agreement. The same regulation says listing agreements and contracts can't carry a prescribed or predetermined commission rate or amount, and that listing agreements for one to four family homes have to tell the seller, in larger print, that no fee or commission has been fixed by any governmental authority, trade association or multiple listing service. If you have questions about how your agent is paid, ask before you sign anything.

What mistakes do buyers make around attorney review?

• Assuming the deal is done when the seller signs. It isn't final until attorney review ends without a disapproval.
• Forgetting the seller has the same right. The seller's attorney can disapprove too.
• Waiting to hire an attorney. See the first point above.

Frequently Asked Questions

Do I need a lawyer to buy a house in New Jersey?

The attorney review period exists so an attorney can review and disapprove a licensee-prepared contract. I recommend every buyer have a New Jersey real estate attorney lined up before making an offer.

Can the seller back out during attorney review?

An attorney for the seller can disapprove the contract within the three-business-day period, the same way the buyer's attorney can. After that, the contract is binding as written.

Can attorney review be extended?

Yes. The regulation says the buyer and seller may agree in writing to extend the three-day period.

Do weekends count in attorney review?

No. Saturdays, Sundays and legal holidays don't count toward the three days.

Does attorney review apply to every home purchase?

The regulation covers contracts prepared by real estate licensees for homes with one to four units and vacant one-family lots, where the licensee has a commission or fee interest. Ask your attorney how it applies to your contract, for example a builder's own contract on new construction.

This is general information, not legal, tax or lending advice. Your attorney gives the legal advice on your contract. Regulation text checked October 9, 2026.

About the author

Dennis Mark Interdonato is a REALTOR® and Master CDRE® who leads The Dennis Mark Group at Keller Williams Realty Ocean Living in Point Pleasant, NJ, helping buyers and sellers throughout New Jersey make their next move, with Monmouth and Ocean County as home base. Read more about Dennis Mark.

Keep reading

• How Dennis Mark helps buyers relocating to the Jersey Shore and the relocation guide
• How long it takes to close on a house in New Jersey
• Selling a New Jersey home as part of your move? Start with a free home value.
• Have a question this didn't answer? Send it to Dennis Mark and it may become the next article.