You just got an accepted offer in Middlesex County, and now everyone is talking about attorney review. What does that really mean for your deal? In New Jersey, there is a short window where your attorney can approve, tweak, or cancel the contract so you are protected before it becomes fully binding. In this guide, you will learn how the three-business-day clock works, what happens if someone cancels, what changes are commonly negotiated, and the local steps specific to Middlesex County. Let’s dive in.
What attorney review means in NJ
Attorney review is a brief period after both sides sign a residential purchase contract when either party’s attorney can approve, modify, or void the agreement. The goal is to make sure the contract fits your needs before you are locked in. If an attorney sends a timely written cancellation during this window, the contract is void and your earnest money is typically returned. If no one cancels in time, the contract becomes binding as written, subject to any agreed contingencies.
The three-business-day clock
In New Jersey practice, the attorney-review period is usually three business days. Business days are weekdays that are not legal holidays. The clock generally starts once both parties have signed and an executed copy is delivered to the parties or their attorneys. Your attorney will confirm the exact start and end times based on your contract language.
How time is counted
Count only business days. Weekends and legal holidays do not count unless your contract says otherwise. To avoid confusion, many attorneys add a specific date and time in writing so everyone is on the same page.
How cancellations and changes work
A cancellation must be in writing from an attorney and delivered within the review window. Attorneys commonly use a “notice of disapproval” or similar language. If a cancellation is timely, the deal ends and deposits are handled per the contract and brokerage escrow rules. If attorneys propose changes, those edits only take effect if both sides agree in writing during the review period.
What happens after review ends
If neither side cancels within three business days, the contract is binding. You then move forward under the agreed contingencies, like inspections and financing. You can still end the deal later only if a specific contingency in the contract allows it, or if there is another valid legal basis. Otherwise, standard remedies for breach may apply.
Attorney review vs. inspections and mortgage
Attorney review focuses on the legal terms of the contract. Inspections and mortgage underwriting are separate. You may schedule inspections during attorney review, but inspection rights and deadlines are governed by the inspection contingency itself. Typical timeframes you will see in practice are 10 to 14 calendar days for inspections and 30 to 45 days for mortgage approval, though your attorney can negotiate these.
Common items negotiated during review
- Purchase price, deposit amount, and escrow handling
- Financing contingency terms and the ability to extend if needed
- Inspection timelines and how repairs or credits will be handled
- Closing date and possession details
- Title and survey matters, including who pays for title insurance
- Allocation of closing costs and prorations
- Remedies for breach and how disputes are handled
Buyer checklist for Middlesex County
- Send the fully signed contract and any disclosures to your attorney right away.
- Ask your attorney to confirm the exact start and end of the review period.
- Align financing contingency language with your lender’s timeline.
- Lock in inspection windows and order inspections immediately.
- Discuss title search plans and a preliminary review of county records for liens, easements, or judgments.
- Confirm any municipal certificate requirements, such as certificates of occupancy or compliance.
- Provide your lender with documents quickly to avoid delays.
Seller checklist for Middlesex County
- Share required disclosures and any association documents if applicable.
- Provide prior surveys, repair records, appliance and system warranties, and HOA materials if you have them.
- Ask your attorney to review contingencies and limit open-ended obligations.
- Confirm deposit handling and escrow terms in writing.
- Coordinate deed preparation, title clearance, and municipal requirements.
- If you receive a timely cancellation, work with your attorney and listing broker on releasing earnest money per the contract.
Middlesex County specifics to know
Your attorney or title company will run searches through Middlesex County Clerk records to identify recorded deeds, mortgages, liens, or judgments that could affect closing. Many municipalities in the county require certificates of occupancy or compliance, and some conduct municipal searches for open permits or violations. Parts of the county, including areas near the Raritan River and other waterways, may lie in FEMA-designated flood zones, so discuss flood insurance with your team if flagged by title or your lender. Property tax data is coordinated with county and municipal tax offices, and prorations are handled at closing.
Required disclosures in New Jersey
Most residential sellers provide the New Jersey Residential Property Condition Disclosure for 1–4 family homes and condos, unless an exemption applies under the statute. Homes built before 1978 require a federal lead-based paint disclosure; you can review federal rules on the EPA’s lead-based paint disclosure page. If the home is in a homeowners association or condo, expect to share association bylaws, financials, and transfer documents for attorney review.
Common pitfalls to avoid
- Missing the review deadline. A late cancellation is usually ineffective.
- Mixing up attorney review with inspection or mortgage contingencies. They are separate windows.
- Relying on verbal promises. Make sure any change is in a signed amendment.
- Overlooking e-signature delivery. Confirm when both sides actually received the executed contract.
- Waiting to order inspections. Delays can weaken your negotiation leverage.
Best practices that protect your deal
- Engage your attorney as soon as you sign so the clock is clear and you have time to negotiate.
- Calendar every deadline and share the dates with your agent and lender.
- Order inspections immediately and keep requests in writing.
- Keep copies of all correspondence, including notices, amendments, and delivery confirmations.
A quick timeline example
- Day 0: Both parties sign; executed contract is delivered. Attorney review clock starts.
- Days 1–3: Attorneys approve, request changes, or cancel in writing. You also schedule inspections.
- End of Day 3: If no cancellation, the contract is binding. Inspections and mortgage timelines continue per the contract.
When to consult your attorney
You should involve your attorney right away so you understand the exact deadlines and options in your contract. Your attorney can suggest protective addenda, tighten contingency language, and set clear timelines. If something changes during review, your attorney will draft the amendment so the final contract aligns with your goals.
Ready to move forward with clarity in Middlesex County? If you want hands-on guidance with timelines, disclosures, and contract strategy, connect with Beth Harding. Schedule your free consultation and get a step-by-step plan tailored to your move.
FAQs
How does NJ attorney review work for a signed home contract?
- It is a short period, usually three business days after delivery of the fully executed contract, when either side’s attorney can approve, modify, or cancel in writing.
Can either party cancel for any reason during review?
- Yes. During attorney review, either party’s attorney can send a timely written notice to rescind the contract, typically without stating a reason.
What happens to my earnest money if the contract is canceled in review?
- If an attorney cancels within the review window, the contract is void and earnest money is typically returned according to the contract’s escrow terms.
Is attorney review the same as the inspection contingency in NJ?
- No. Attorney review is about legal terms. Inspections and any repair credits or cancellations follow the inspection contingency rules and deadlines in the contract.
When do inspections and mortgage deadlines usually occur in NJ?
- Practice varies, but inspections often run 10–14 calendar days from the effective date, and mortgage contingencies are commonly 30–45 days, subject to negotiation.
Can sending proposed changes extend the review period automatically?
- No. Changes only take effect if both sides agree in writing. Make sure any extension or amendment is signed and dated.
What local Middlesex County steps should I expect?
- Your team will check county land records for liens, confirm municipal certificate or compliance needs, flag any flood zone issues, and coordinate taxes and prorations for closing.
