New Jersey Attorney Review: How the Review Period Works for Buyers and Sellers

In New Jersey, a home purchase contract prepared by a real estate agent isn't final the moment everyone signs. Each side's attorney gets three business days to review it, and during that window either attorney can disapprove the contract and end it. Saturdays, Sundays and legal holidays don't count, and the clock starts when the fully signed contract is delivered to the buyer and the seller. If nobody disapproves in time, the contract becomes legally binding as written.

That catches a lot of people moving over from Pennsylvania or New York, where the paperwork works differently. Below: how attorney review works, how to count the days and how Max plans around it with buyers and sellers in Haddonfield, Collingswood, Cherry Hill and the rest of New Jersey.

Where the Attorney Review Period Comes From

It started as a turf fight. In 1983 the New Jersey Supreme Court decided New Jersey State Bar Ass'n v. New Jersey Ass'n of Realtor Boards, 93 N.J. 470, over whether agents drafting contracts were practicing law. The compromise the Court approved: agents can prepare residential contracts, as long as each one gives the buyer and seller a short window to have a lawyer look it over and cancel.

The New Jersey Real Estate Commission, part of the Department of Banking and Insurance, later wrote that into its rules at N.J.A.C. 11:5-6.2(g). As of October 2026 the review period is still three business days. It covers contracts prepared by licensees for residential property with one to four units, or a vacant one-family lot, when the licensee is earning a commission or fee. The contract has to carry a notice at the top of the first page, in larger type, saying it's a legally binding contract that will become final within three business days.

The same rule reaches residential leases of one year or more prepared by a licensee with a fee interest. Those leases get their own three-day attorney review clause.

How the Three Business Days Are Counted

The clause is refreshingly plain about the count:

• Start: the three days run from delivery of the signed contract to the buyer and the seller. Not when the agent gets it.

• Excluded days: Saturdays, Sundays and legal holidays don't count.

• Extensions: the buyer and seller can agree in writing to extend the period.

• End: if no attorney disapproves in time, the contract is legally binding as written.

That delivery point matters more than it looks. In Peterson v. Estate of Pursell (2001), the Appellate Division held that review begins when the signed contract reaches a party, not the party's agent. Handing it to a broker or an attorney doesn't start the clock by itself.

Worked Example: A Holiday Week

Say a hypothetical contract is fully signed and delivered to both the buyer and the seller on Thursday, December 31, 2026. Friday, January 1, 2027 is New Year's Day, a legal holiday. January 2 and 3 are a weekend. None of those count. If the delivery day itself isn't counted, which is how the clause is commonly read, the three business days are Monday, January 4, Tuesday, January 5 and Wednesday, January 6. So a contract signed the Thursday before a holiday weekend can stay open for almost a week. Have the attorneys confirm the exact deadline in writing on day one.

Can a Buyer or Seller Cancel During Attorney Review?

Yes. Either side's attorney can disapprove within the review period, and no reason is required. A disapproval ends the contract. The attorney can also send revisions that would make the deal acceptable, and that's how most review periods actually go: the lawyers trade letters on inspection terms, credits, dates and the deposit until both sides agree or somebody walks.

What This Means for Sellers

A signed contract doesn't lock you in until review ends, and higher offers can still show up in those three days. In Conley v. Guerrero (2017), a bidding war started the day review began, the seller took a higher bid and the seller's attorney disapproved the first contract one day before the deadline. The New Jersey Supreme Court upheld the disapproval.

What This Means for Buyers

The same window protects you. If your attorney flags a problem with the terms, you can walk away during review. The flip side: until review ends, your deal isn't safe either, and a competing offer can still pull the seller away. It cuts both ways, on purpose.

When Approval Ends It Early

If both attorneys approve the contract in writing, it's binding right then, even before the three days are up. The Appellate Division said so in Romano v. Chapman (2003), where sellers tried to disapprove after both attorneys had already signed off. Too late.

How a Disapproval Notice Is Delivered

The regulation says the attorney has to notify the broker and the other party within the three-day period, and it lists certified mail, telegram or personal delivery. Yes, telegram. The contract also has to list the names and full addresses of everyone who must get a notice of disapproval.

The Court brought the methods into this century in Conley. It held that a notice of disapproval can go by fax, email, personal delivery or overnight mail with proof of delivery, and that overnight mail counts when it's mailed. The review period itself is still three business days. Attorneys still send notice to every person listed in the contract, because a notice that misses someone invites a fight.

Does Pennsylvania Have Attorney Review?

No. Pennsylvania has no equivalent review period set by law or regulation. The State Real Estate Commission's rule on agreements of sale, 49 Pa. Code Section 35.333, lists what a broker-prepared agreement has to include (price, dates, zoning classification, deposit handling and several notices), and a general three-day cancellation window isn't on it. A Pennsylvania agreement of sale binds you when you sign it, subject to its own terms and contingencies.

That changes how you plan if you're buying or selling on both sides of the river:

• In New Jersey: the signature kicks off a short negotiation window, and attorneys usually carry the contract through closing.

• In Pennsylvania: your protection lives in the contingencies written into the agreement, so get those right before you sign.

For the cost side of that comparison, see Philadelphia vs. New Jersey: The Cost of Owning. Coming from New York? Read Moving to Philadelphia From NYC.

Planning Around Attorney Review Heading Into 2027

Late December and early January stack up holidays and weekends, so review periods stretch. A few habits help any time of year:

1. Hire the attorney before the offer. If you already have New Jersey counsel lined up, you don't burn a day finding one.

2. Confirm the delivery date. Make sure the fully signed contract actually reaches both parties, and get the date in writing.

3. Know the calendar. Map the three business days around weekends and legal holidays before you sign.

4. Line up the next steps. Inspections and the mortgage application often get booked during review, but read the contract for when those contingency deadlines start.

5. Sellers: decide how you'll handle backup offers. Talk it through with your attorney before the listing goes live, not mid-review.

How Max Uses This With Clients

Before a New Jersey offer goes out, Max makes sure you have an attorney ready and maps the three business days on a calendar with weekends and holidays crossed out. He confirms when the signed contract reaches each party, since that date starts the clock. During review he stays in touch with both attorneys so revisions on inspection timing, credits and the closing date don't stall. For sellers in towns like Haddonfield, Collingswood and Cherry Hill, he walks through how backup offers will be handled before the listing launches. Buyers can start on the buy page, and sellers on the sell page.

Official Sources

• Supreme Court of New Jersey: Conley v. Guerrero, A-65-15 (April 3, 2017)

• N.J.A.C. 11:5-6.2, Real Estate Commission rule on contracts and attorney review (Legal Information Institute text)

• New Jersey Department of Banking and Insurance: Real Estate Commission

• Pennsylvania Code: 49 Pa. Code Section 35.333, Agreements of Sale

Frequently Asked Questions

How long is attorney review in New Jersey?

Attorney review in New Jersey lasts three business days. Saturdays, Sundays and legal holidays don't count, so a contract signed right before a weekend or holiday can stay open for most of a week. The buyer and seller can also agree in writing to extend the period if they need more time.

Can a buyer or seller cancel during attorney review?

Yes. During New Jersey attorney review, an attorney for either the buyer or the seller can disapprove the contract and end it, and no reason is required. If neither attorney disapproves within three business days, the contract becomes legally binding as written. After that, the deal runs on its contingencies.

Does Pennsylvania have attorney review?

No. Pennsylvania has no equivalent attorney review period set by law or regulation, and the State Real Estate Commission's list of required terms for an agreement of sale doesn't include one. A Pennsylvania agreement of sale is binding once signed, subject to its own terms and contingencies, so get those right first.

When does attorney review start?

New Jersey attorney review starts when the signed contract is delivered to the buyer and the seller. Handing it to an agent isn't enough; a 2001 Appellate Division decision held that the period begins when the contract reaches a party, not the party's agent. Attorneys usually confirm the start date and deadline in writing.

How does an attorney send a notice of disapproval in New Jersey?

By certified mail, telegram or personal delivery to the broker, plus notice to the other party, under the regulation. In 2017 the New Jersey Supreme Court held that a notice of disapproval can also go by fax, email or overnight mail with proof of delivery. It still has to go out within the three-business-day period.

This guide is general information, not legal advice. Contract terms vary, so confirm deadlines and notice requirements with a New Jersey real estate attorney.

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