Attorney Review in New Jersey: What Buyers and Sellers Need to Know

What Is the Attorney Review Period?

Buying or selling a home is one of the most significant financial decisions most people will ever make. In New Jersey, one of the unique aspects of the process is the attorney review period. Attorney review provides both buyers and sellers with an important opportunity to protect their interests before a real estate contract becomes binding. Understanding how attorney review works can help you avoid common pitfalls and move forward better prepared.

Why Is Attorney Review Important?

Although standard form contracts cover the basics of a real estate deal, they often leave out details that can create significant issues later. Attorney review allows buyers and sellers to address these issues before it is too late.

For buyers, attorney review can:

• Add contingencies related to home inspections, financing, or the sale of another property

• Address repair responsibilities and inspection timelines

• Confirm deposits are handled properly and securely

• Protect against hidden title or zoning issues

For sellers, attorney review can:

• Restrict inspection requests to major structural, environmental, mechanical, or safety issues, rather than minor cosmetic items

• Protect against indefinite closing extensions

• Specify what personal property will remain in the home

• Address issues relating to buyer financing or default

How Attorneys Modify Contracts

During the review period, attorneys typically send a letter of disapproval or a letter of proposed changes. This does not necessarily end the deal. Instead, it opens the door for negotiation to better align the contract with each party’s needs.

For example, an attorney might propose extending the mortgage contingency period to give the buyer more time to secure financing. Or a seller’s attorney may request clearer language limiting inspection requests to major structural or safety issues. Once both sides agree on revisions, the contract becomes binding with the new terms included.

Common Issues Addressed in Attorney Review

Some of the most frequent issues attorneys often address in attorney review include:

• Inspection rights and repair obligations

• Mortgage commitment deadlines

• Closing date adjustments

• Title, survey, or zoning concerns

• Allocation of closing costs and adjustments

By addressing these matters up front, buyers and sellers reduce the risk of disputes later in the transaction.

Conclusion

The attorney review period is an important process in New Jersey real estate transactions. It provides both buyers and sellers with the chance to fully understand and negotiate the terms of their agreement before it becomes legally binding.

If you are buying or selling a home, working with an experienced real estate attorney during this process can make the difference between a smooth closing and a costly dispute. At The Law Office of Frank E. Ferruggia Jr. LLC, we guide clients through every step of the process, from attorney review through closing, to help protect their interests and facilitate a successful transaction.