Buying or selling a home in Northern Bergen moves fast, and the attorney review can feel like a mystery the first time you encounter it. You want a smooth contract and clear next steps without unwanted surprises. In this guide, you will learn how New Jersey’s attorney review works, the typical three business day timeline, what you can negotiate, and how to avoid delays specific to Bergen County. Let’s dive in.
What attorney review means in NJ
In New Jersey, most residential contracts include an attorney review clause. After both parties sign and deliver the contract, you enter a short window for attorneys to review and suggest changes. The standard period is three business days. During this time, each side’s attorney may approve the contract as written, propose revisions, or disapprove it.
If both attorneys approve in writing, or if the period ends without a timely disapproval, the agreement becomes binding. If an attorney disapproves within the window, the contract is typically void and the buyer’s deposit is handled according to the contract’s escrow instructions. You can agree in writing to shorten or extend the period. Some people consider a waiver in competitive markets, yet that increases legal risk.
Northern Bergen timeline
Day 0: Contract signed and delivered
Once both parties sign and the contract is delivered, the attorney review clock starts. The buyer usually sends the initial deposit per the contract to the named escrow holder. Your agent will coordinate delivery and confirm timelines with both attorneys.
Days 0 to 3: Review and responses
Attorneys review the contract language, including financing, inspection contingencies, deposit handling, title expectations, and closing dates. They either approve, send proposed changes, or send a letter of disapproval. Buyers should also schedule their key inspections right away since inspector availability can be tight in towns like Ridgewood, Allendale, and Fort Lee.
After approval: Binding contract
When both sides approve or the period ends without disapproval, you have a binding agreement. Title work begins, the lender orders the appraisal, and you move forward with contingencies like inspection negotiations and mortgage commitment. Your attorney will manage follow-up dates and document requests.
If disapproved: Reset and regroup
A timely disapproval usually voids the contract unless new terms are negotiated and accepted by both parties in writing. The deposit is handled as described in the escrow terms. If both parties still want to move forward, you may sign a revised or new contract.
Quick checklist
- Sign and deliver the contract to start review.
- Buyers schedule inspections immediately and confirm lender timing.
- Attorneys exchange comments or approvals within three business days.
- After approval, move ahead with title, appraisal, and remaining contingencies.
What you can negotiate
Attorney review is your chance to refine the contract so it fits your situation. Common items include:
Price and deposit terms
- Adjust purchase price, timing of additional deposits, and escrow details. Clarify when and how funds can be released.
Closing date and occupancy
- Adjust the closing date, discuss post-closing possession, and set a clear plan for keys and move-out.
Financing protections
- Set timelines for mortgage commitment, outline remedies if financing is denied, and consider seller credits toward closing costs.
Inspection and repairs
- Define the inspection timeline, scope of repairs, whether credits will be used instead of work, and who selects contractors. Some sales are labeled “as is,” but buyers may still negotiate after finding defects unless the contract limits this.
Title and survey
- Address liens, easements, boundary concerns, and who pays to clear title issues. Decide whether a new survey is needed.
Municipal and code items
- Clarify certificate requirements, smoke and CO detector compliance, and responsibility for any violations.
Seller disclosures and representations
- Confirm what the seller is representing about the property and how long those representations last.
HOA documents
- Set deadlines to receive bylaws, financials, and rules. Decide what happens if the documents reveal material issues or pending assessments.
Prorations and closing costs
- Address property tax proration, utility adjustments, and allocation of transfer taxes or municipal fees.
Local Bergen considerations
- Verify permits for past renovations, address flood zone requirements where applicable, clarify private road maintenance, and confirm sewer versus septic responsibilities.
Roles and documents
You will interact with several professionals, each with a specific role:
- Buyer’s attorney protects the buyer’s interests, negotiates terms, and safeguards contingencies.
- Seller’s attorney protects the seller’s rights, deposit handling details, and closing logistics.
- Real estate agents coordinate communication, delivery of contracts, and timeline tracking. They may also facilitate escrow delivery per the contract.
- Lenders manage the mortgage process and appraisals.
- Inspectors provide reports on the home, radon, septic, well, and pests as needed.
- Title companies run title searches and municipal lien searches.
- HOAs and property managers provide resale packages and compliance letters.
- Municipal offices issue required certificates and verify local compliance.
Key documents that appear during or right after attorney review include:
- Fully executed contract of sale with the attorney review clause
- Seller’s property disclosure statement
- Inspection reports
- Title commitment and public records search
- HOA resale package and rules, if applicable
- Survey, if requested or required
- Lender’s preapproval and, later, mortgage commitment
- Municipal certificates and compliance documents
Common delays and fixes
Northern Bergen transactions are efficient, but delays still happen. Here is what to watch for and how to stay ahead:
HOA document delays
- Some associations take time to deliver resale packages. Build in a clear review window and request documents early.
Title defects or municipal liens
- Unpaid water or sewer bills and old liens surface during title and municipal searches. Address these early and decide who will resolve them.
Municipal certificates and permits
- Unpermitted work can cause last-minute surprises. Sellers should gather permit history before listing. Buyers should confirm the plan to cure issues.
Flood zone and insurance questions
- Certain Bergen areas have floodplain concerns. Lenders may require flood insurance and elevation details. Plan time to gather documentation.
Well and septic items
- Less common in dense northern towns, but present in some areas. Book testing promptly so results are back before key deadlines.
Inspector scheduling
- Quality inspectors book up quickly. Buyers should schedule immediately to keep inspections within the contract timeline.
Smart prep before you sign
Preparation reduces stress and helps you protect your position during review.
For buyers
- Hire a New Jersey real estate attorney by the time you make an offer. Have inspector contacts ready and secure a strong preapproval or proof of funds.
For sellers
- Assemble your seller disclosure, recent utility and tax bills, and HOA contact info if relevant. Confirm who will hold the deposit and how it will be handled.
For both
- Confirm in writing where the deposit will be held, the timing of any additional deposits, and how funds are released. Keep a shared timeline for inspection, mortgage, and closing dates.
Strategy in competitive towns
In hot markets like Ridgewood, Allendale, and Fort Lee, offers sometimes include requests to shorten the attorney review period. Some buyers consider waiving review to appear stronger. Shortening or waiving is a negotiation choice that can increase risk.
A shorter review can help your offer stand out, but only if you and your attorney are ready to move quickly. Waiving review removes a layer of legal protection. Before you agree, understand what you are giving up and whether other terms could make your offer attractive without added risk.
How inspections and title fit
Attorney review focuses on contract terms. Inspections are separate, yet closely related. Your attorney will help you preserve inspection rights and deadlines, but inspectors perform the actual evaluations. If inspections reveal material defects, you and your attorney can negotiate repairs or credits within the contract framework.
Title work starts right after approval. If defects arise, your attorneys negotiate who fixes them and by when. Your lender’s appraisal also occurs after approval and factors into your mortgage commitment timeline.
Your next step
Handled well, attorney review sets the tone for a smooth closing. With clear communication, quick scheduling, and focused negotiation, you can move from offer to binding contract with confidence. If you have questions about how the process plays out in your specific Bergen County town, or you want a plan tailored to your timeline, reach out for guidance.
Have a conversation with a local expert who will coordinate the moving parts and advocate for your goals. Connect with Claudia H. Sanchez for a personalized plan.
FAQs
What is New Jersey’s attorney review period?
- It is a standard three business day window after both parties sign and deliver the contract, during which attorneys may approve, propose changes, or disapprove.
When does the contract become binding in NJ?
- After both attorneys approve in writing or when the three business day period ends without a timely disapproval, the agreement becomes binding.
Can we negotiate the price during attorney review?
- Yes, price and deposit terms can be adjusted if both parties agree in writing to proposed changes made during the review window.
What happens if an attorney disapproves the contract?
- The contract is typically void, and the deposit is handled per the escrow terms in the contract, unless both parties agree to revised terms in writing.
How do inspections relate to attorney review in Bergen County?
- Attorney review sets your inspection rights and timelines, while inspectors perform the evaluations; findings can lead to negotiations on repairs or credits.
Should I shorten or waive attorney review to win a home?
- You can, but it increases risk; discuss alternatives with your attorney, such as tightening timelines without giving up essential protections.
