Accepted an offer on a Morristown home? The clock is about to start. In New Jersey, the attorney review period is short, decisive, and essential to protecting your interests. If you are a first-time buyer or relocating to Morris County, it can feel like a sprint. In this guide, you’ll learn how attorney review works, what to negotiate, and how to keep momentum without risking your deal. Let’s dive in.
What attorney review means in NJ
New Jersey’s standard residential contract includes a built-in attorney review. It gives you and the seller a brief window to have attorneys review the signed contract. During this time, an attorney may cancel the contract or propose changes. If no attorney cancels within the period, the contract becomes binding.
In most NJ standard forms, the review period is three business days. Weekends and state or federal holidays do not count. If an attorney cancels within that window, the contract is void and the deposit is typically returned according to the contract’s escrow terms.
You can waive attorney review in writing, but that removes an important safety valve. Talk with your attorney before considering any waiver.
When the clock starts
The review period generally begins when both parties sign the contract or when a signed copy is delivered, depending on the wording in your executed contract. Always check the exact language.
Use business-day logic. If you sign on a Friday, the three business days typically run Monday through Wednesday. Miscounting the deadline or using the wrong delivery method for notices can accidentally make the contract binding or open the door to cancellation.
Who does what in three days
Buyer and attorney tasks
- Review all contract terms and addenda for risk and clarity.
- Confirm deposit and escrow instructions and the escrow holder.
- Add or refine contingencies for inspections, financing, title, survey, and municipal requirements.
- Negotiate specific timelines, repair or credit language, and the closing date.
- If needed, send a written notice to cancel within the review period.
Delivery and proof of notices
Your contract controls how notices must be delivered. Use written, traceable methods and confirm receipt. Email may be acceptable if your contract allows it, but many attorneys pair email with another method for certainty.
What to negotiate during review
Inspection contingency
Set a clear inspection window and scope. Common inspections include general home, roof, plumbing, HVAC, pest, radon, and for pre-1978 homes, lead-based paint testing. Give yourself enough time to complete inspections and submit any repair or credit requests.
Financing contingency
Tie the mortgage contingency to realistic lender timelines. Specify the loan amount and type, a firm deadline to secure a commitment, and what happens if the loan is denied.
Title, survey, and boundaries
Require marketable title and a title search. You may request a new or updated survey and address any boundary or encroachment issues with the seller.
Municipal compliance and certificates
Build in language for required municipal certificates or proof that permits were closed. If timing is tight, consider an escrow arrangement so closing can proceed while a final item is completed.
Condo or HOA document review
If you are buying in a condo or HOA, request time to review bylaws, financials, meeting minutes, and any resale certificate.
Repairs, credits, or escrow
Use objective standards. If defects are found, you can ask the seller to complete specific repairs by closing or provide a credit or escrow. Credits and escrows often keep deals moving when schedules are tight.
Closing costs and prorations
Clarify who pays for title insurance policies, recording fees, and other costs. Confirm tax status and how taxes, utilities, and association fees will be prorated at closing.
Morristown buyer specifics to consider
Older and historic homes
Morristown includes many older and historic properties, especially near downtown and the historic district. Pre-1978 homes raise lead-based paint considerations. Older homes may also have legacy systems like knob-and-tube wiring or galvanized plumbing. Ask your attorney to include inspection language that allows targeted testing and professional evaluations.
Historic district approvals
If you plan exterior changes in a historic area, additional approvals may be required. Build protections into the contract if your purchase depends on obtaining such approvals.
Municipal permits and certificates
Before closing, your attorney can request municipal compliance language. This can include proof that prior work had permits and that any open permits or code items are resolved or escrowed.
Flood zones and stormwater
Some parcels near waterways may be in flood hazard areas. Confirm whether flood insurance is required and consider adding a contingency tied to availability and cost of coverage.
Property taxes and costs
Morris County property taxes can be a significant expense. Ask for current tax information, confirm status, and address proration details in the contract.
Transit and easements
Proximity to rail lines and utility corridors can add easements or unique conditions. Your title and survey review should catch these so you can address them early.
Momentum checklist for buyers
Before you make an offer
- Get a strong lender preapproval so your financing contingency is credible.
- Retain a New Jersey real estate attorney, ideally local to Morris County.
- Line up inspectors so you can schedule quickly after review.
During the three business days
- Prioritize essential, objective protections: inspections, financing, title, and municipal compliance.
- Set realistic, firm timelines for each contingency.
- Use credits or escrow for repairs when schedules are tight.
- Avoid open-ended language that creates uncertainty.
- Follow the contract’s notice rules and confirm receipt of all communications.
If you are relocating
- Give your attorney full contact details and a plan for quick signatures, including a power of attorney if needed.
- Arrange virtual inspections and walkthroughs if you cannot attend in person.
- Coordinate closely with your agent and attorney on timing and logistics.
Common mistakes to avoid
- Waiving attorney review without legal advice.
- Submitting an offer without a preapproval or without a clear financing contingency.
- Asking for indefinite seller obligations or long, open-ended cancellation rights.
- Missing notice deadlines or using the wrong delivery method for notices.
What happens after review ends
Once attorney review ends and the contract is binding, your contingency timelines begin. Many inspection periods run 7 to 14 days after review, depending on the contract. Mortgage underwriting and appraisals often take 30 to 45 days. Most New Jersey transactions close within 30 to 60 days from a fully executed contract, depending on financing, title work, and municipal items.
Your next steps in Morristown
Attorney review is fast, but it does not need to be stressful. With a prepared attorney, a clear plan, and an agent who knows Morristown’s nuances, you can protect your interests and move forward with confidence. If you are getting ready to write an offer or you just had one accepted, let’s make a plan for your three business days and beyond. Connect with Kimberly Brechka to get started.
FAQs
When does New Jersey’s attorney review period start?
- It starts as defined in your executed contract, typically when both parties sign or when a signed copy is delivered, and it runs for three business days.
Can I cancel for any reason during attorney review in Morristown?
- Yes, an attorney may cancel within the three business days without giving a reason, as long as the cancellation is timely and delivered in the manner the contract requires.
What happens to my deposit if my attorney cancels?
- If cancellation occurs during the review period, the contract is void and the deposit is generally returned according to the escrow provisions in your contract.
Can the attorney review window be extended in New Jersey?
- Yes, buyers and sellers can agree in writing to extend the review period or other contract deadlines if needed.
Do I have to accept the seller’s proposed contract changes?
- No. Your attorney will negotiate on your behalf. If both sides cannot agree within the review period, either attorney may cancel.
Will my attorney also handle my closing in Morristown?
- Often the same attorney manages review and closing, but some buyers use different counsel or a title company for parts of the closing process. Confirm roles early.
