Buying in Morristown and heard people talk about “attorney review”? You’re not alone. This short but important window can decide whether your deal sticks, changes, or falls apart. If you understand how it works, you can move fast, protect your interests, and avoid surprises.
In this guide, you’ll learn how New Jersey’s attorney review works, what to expect in a typical three-business-day timeline, the most common contract changes and contingencies, and what to watch for in Morristown. You’ll also get a simple checklist so you know exactly what to do next. Let’s dive in.
Attorney review basics in NJ
Attorney review is a clause in the standard New Jersey real estate contract. After both parties sign, each side’s attorney gets a short window to review the agreement and either approve it, suggest changes, or disapprove it. A timely disapproval voids the contract and returns both parties to their pre-contract status.
The common practice is a three-business-day review period, but the signed contract controls the exact start and end. Many forms say the period begins the day after full signatures, though wording varies. Always confirm the dates on your signed contract. The parties can also agree in writing to shorten or extend the period.
If no attorney issues a written disapproval in time, the agreement becomes binding as written. Often, attorneys send proposed edits instead of an outright disapproval. That functions as a counteroffer the other side can accept or reject.
One more key point: some buyers consider waiving attorney review to be more competitive. This removes your short chance to void or revise the deal through counsel. It can be a significant legal risk. Talk with your attorney before you consider it.
Timeline: offer to binding contract
Every contract is different, but here’s the typical flow and what you should do at each step.
Day 0: You sign and the seller signs
- Deliver your earnest money per the contract and confirm receipt with the escrow or title company.
- Notify your attorney and lender immediately. Send the fully executed contract and any disclosures you received.
- Ask your agent to start coordinating inspection access. Access during review is by permission, not automatic.
Days 1–3: Attorney review window (commonly three business days)
- Your attorney reviews the contract terms, timing, contingencies, and any available title information. They either approve, propose edits, or disapprove in writing.
- Your agent lines up inspectors so you can move quickly once the contract is binding. Many buyers aim to pencil in inspection slots during review, subject to seller permission.
- Your lender begins gathering documents and moving your pre-approval toward underwriting. Respond to document requests right away.
If attorneys propose changes
- Both sides negotiate the edits. If everyone agrees before the review window closes, the contract becomes binding with the agreed changes.
- If there is no agreement and an attorney disapproves in time, the contract is void. You can still try to negotiate a new agreement, but neither side is bound.
After attorney approval: contract is binding
- Inspection contingency clocks start if included in the contract. Common practice is 5 to 15 days to complete inspections and submit repair requests.
- Financing and appraisal timelines roll forward. Mortgage approval often runs 30 to 45 days, depending on lender timing.
- Title and municipal searches proceed, and the seller provides any required disclosures or HOA documents.
- Closing date is set in the contract. Many deals close 30 to 60 days from contract, though this is negotiable.
If inspections uncover issues
- You, your attorney, and your agent craft requests for repairs or credits. The seller may agree to repairs, a credit, a price reduction, or an escrow holdback at closing for certain items. If the contract allows and issues are not resolved, you may terminate within the inspection period.
Common changes and contingencies
During attorney review, buyers often see edits to clarify deadlines and protections. Expect your attorney to focus on:
- Clarifying the closing date and possession timing
- Fine-tuning inspection periods, scope, and remedies
- Detailing the mortgage contingency timeline and your right to terminate
- Addressing title problems, liens, or judgments and who cures them
- Assigning responsibility for municipal certificates, permits, and code matters
- Clarifying included and excluded items, such as appliances and fixtures
- Adding protections around undisclosed defects or environmental issues
Typical buyer contingencies include:
- Home inspection for structure and systems
- Wood-destroying insect inspection
- Lead-based paint disclosure and remedy for pre-1978 homes
- Radon testing if requested
- Financing and appraisal contingencies
- Title review and survey to confirm legal description and easements
- HOA or condo document review where applicable
Outcomes often include agreed repairs before closing, a credit at closing, a price reduction, or a holdback in escrow for items to be handled after closing with clear wording.
Morristown specifics to check
Morristown and parts of Morris County have unique factors worth flagging early. Ask your attorney and agent about:
- Older homes and historic districts. Exterior changes in designated areas may need review or approval from local historic preservation authorities. Attorneys often add language to confirm there are no pending violations and to require disclosure of any historic conditions.
- Municipal certificates and occupancy. If a property was significantly altered or converted, certificates or permits can come into play. Confirm what, if anything, is required and who must obtain it.
- Property taxes and assessments. Morris County property taxes are commonly higher than statewide averages. Verify the current tax bill, any pending assessments, and how taxes will be prorated at closing.
- Flood zones and insurance. Homes near creeks or in low-lying areas should be checked against FEMA flood maps. Lender-required flood insurance can affect both approval and monthly costs.
- Easements and parking. Some older downtown lots include shared drives, alley rights, or unusual easements. A title search and survey help confirm what you’re buying and how you can use it.
Agent vs attorney roles
It helps to know who tackles what so you can move quickly and avoid crossed wires.
- Your real estate agent handles market strategy, pricing guidance, offer presentation, inspection coordination, and the logistics that keep the deal moving. They negotiate price and repair requests from a market value standpoint and manage communication with the listing side.
- Your real estate attorney handles legal review and drafting of contract language, title and municipal compliance, escrow wording, indemnities, and closing documents. They advise you on legal risks, including whether to waive attorney review or accept certain terms.
- Both should stay in sync. Your agent can flag timing pressures in the market. Your attorney helps you weigh legal risk so your choices protect your interests.
Buyer checklist: attorney review
Use this quick list to stay on track during the review window.
Right after mutual signatures
- Send the executed contract to your attorney and lender.
- Deliver earnest money per contract instructions and confirm receipt.
- Share any seller disclosures and HOA documents with your attorney.
During the review window
- Confirm inspection access with your agent and pencil in dates.
- Ask your attorney to review timing language, title status, and municipal requirements.
- Keep your lender engaged and submit requested documents immediately.
If changes are proposed or disapproval is issued
- Be ready to decide quickly. Approve edits, suggest alternatives, or step back and regroup for a new offer if the contract is voided.
Once the contract is binding
- Book inspections and meet deadlines for repair requests.
- Confirm appraisal scheduling with your lender and ensure access for the appraiser.
- Monitor all contingency dates: inspection, mortgage, appraisal, and title.
- Verify wire instructions with the title company by phone to reduce wire fraud risk.
Smart strategies in review
- Clarify the clock. Ask your attorney to confirm the exact start and end of the review period in your contract. You want the precise date and time.
- Front-load your tasks. Send lender documents and schedule inspections early so you’re not racing later.
- Protect your options. If you need special contingencies due to historic restrictions, known easements, or permits, get that language in writing during review.
- Avoid assumptions about access. Inspection access during review is by seller permission. Have your agent coordinate quickly and politely.
- Know your walk-away points. If inspections reveal significant issues and the seller will not address them, use your contingency rights within the deadlines.
Buying a home in Morristown moves fast, and attorney review moves even faster. With a prepared team and a clear plan, you can keep leverage, reduce stress, and get to a smooth closing.
If you want a steady, local guide through the Morristown process, connect with The Tucker Team. We coordinate strategy, inspections, and timelines while your attorney protects your legal position, so you can move forward with confidence.
FAQs
How does attorney review work in New Jersey?
- After both sides sign, each attorney has a short window, commonly three business days, to approve, request changes, or disapprove in writing. If no timely disapproval is issued, the contract becomes binding.
When does the three-business-day period start?
- The contract controls the exact timing. Many forms start the count the day after full signatures, but ask your attorney to confirm your specific start and end dates.
Can I do inspections during attorney review in Morristown?
- Sometimes. Access during review is by seller permission. Many buyers pencil in inspections subject to approval, then finalize after the contract becomes binding.
What are the most common changes buyers request?
- Clarified inspection timelines and remedies, detailed mortgage contingency language, title-cure obligations, responsibility for municipal certificates, and included or excluded items.
What Morristown issues should I flag early?
- Possible historic district rules for exterior changes, municipal certificate or permit needs, higher-than-average county taxes, flood zone checks, and easements or shared drives on older lots.
What happens if an attorney disapproves the contract?
- The contract is void, and both parties return to their pre-contract positions. You can still negotiate a new agreement, but neither side is bound by the voided one.
Should I waive attorney review to be more competitive?
- It can strengthen an offer but removes your short window to revise or exit through counsel. Given the legal risk, discuss this choice with your attorney before deciding.
