You just signed an offer on a Somerset County home and now everyone is talking about “attorney review.” What does it mean, how long does it take, and what should you do next? You want a smooth path to closing and clear steps that protect your interests without slowing the deal. In this guide, you’ll learn exactly how New Jersey’s attorney-review period works, what your attorney covers, Somerset County considerations, and the practical moves you can make right now. Let’s dive in.
Attorney review in New Jersey
In New Jersey, most residential purchase contracts are written “subject to attorney review.” Once both buyer and seller sign the standard contract, each side’s attorney has a brief window to approve it, propose changes, or disapprove it entirely. If an attorney disapproves within the review period, the contract is void and the buyer’s earnest money is typically returned.
The goal is simple: give both sides a short, protected time to confirm the contract terms are clear, fair, and legally sound. Somerset County follows the same statewide process and uses the same commonly accepted forms.
The three-business-day timeline
The attorney-review period is usually three business days. Business days do not include weekends or legal holidays. The period can be shortened or extended only if both parties agree in writing.
When the clock starts
The review period generally begins when both sides have signed and the fully executed contract is delivered or communicated to each side. If signatures come in on different days, the clock starts when the last required signature is provided and the parties are notified.
How the review resolves
- If neither attorney takes action within the period, the contract usually becomes binding as written.
- If an attorney sends proposed changes and both sides agree, the contract becomes binding based on the final agreed terms.
- If an attorney disapproves within the period, the contract is cancelled and the earnest money is typically returned to the buyer.
After attorney review ends with an acceptance or agreed changes, you move into inspections, mortgage, title, and closing. Many New Jersey closings land in the 30 to 60 day range depending on lender timing, inspection items, and municipal requirements.
What your attorney reviews
Your attorney focuses on contract clarity and your legal protections. Common topics include:
- Inspection and repair language, including who pays and how long repairs take
- Mortgage contingency terms and dates for application and commitment
- Appraisal outcomes and how pricing is handled if the value comes in low
- Title, survey, and any easements or restrictions that affect the property
- Deed type, title insurance, and acceptable title exceptions
- Closing date, occupancy, and prorations for taxes, utilities, and HOA fees
- Included or excluded items like appliances and window treatments
- Buyer home-sale contingency and kick-out clauses if applicable
- Condo or HOA documents and timing to review them
- Environmental and safety disclosures such as lead paint, well/septic, and radon
Typical outcomes include updated dates, repair credits, seller concessions, added protections, or conditional approvals that depend on documents being delivered.
Somerset County specifics to watch
Deposits and escrow
Earnest money is usually held in escrow by the listing broker, an attorney, or a title company as stated in your contract. If the contract is disapproved during attorney review, the deposit is generally returned unless both parties agree otherwise. Clear escrow instructions and confirmation of delivery help prevent confusion later.
Recording and county offices
Deeds and real estate documents are recorded with the Somerset County Clerk. Procedures, fees, and recording times can change, so confirm current requirements directly with the County Clerk through your attorney or title company. Title searches and insurance are handled by your title company and attorney, and any liens, prior mortgages, or easements found in county records will need to be cleared or accepted before closing.
Municipal requirements
Somerset County towns may require municipal certificates, tax-clearance paperwork, and in some cases a certificate of occupancy for certain transfers. Properties with septic systems often need municipal or health department inspections. Some towns also ask for a certificate of compliance related to rental conversions or past work that lacked permits. Your attorney and agent can help you confirm what your specific municipality requires and when to request it.
Taxes and proration
Property taxes are prorated at closing based on the local tax schedule. Since tax amounts and billing can shift, your attorney, title company, and the municipal tax office will coordinate the most current figures for final settlement.
Action steps during attorney review
For buyers
- Hire an NJ real estate attorney and send the signed contract right away.
- Schedule inspections immediately so results can inform negotiations. Include home, radon, pest, and septic/well if applicable.
- Apply for your mortgage and share the contract with your lender to begin underwriting and appraisal scheduling.
- Discuss priorities with your attorney, including any concerns from disclosures, desired credits, or timing needs.
- Confirm earnest money instructions and delivery, including who is holding escrow and how refunds are handled if the contract is disapproved.
For sellers
- Provide disclosures promptly, including property condition and lead-based paint if applicable.
- Prepare for inspections by ensuring access and gathering repair estimates if you already know of issues.
- Assemble documents buyers often request, such as HOA information, permit history, a prior survey, and recent utility bills.
- Coordinate municipal items early, especially if your town requires certificates, septic inspections, or open-permit checks.
Timeline at a glance
- Day 0: Contract is fully executed and delivered. Attorney review begins.
- Days 0 to 3: Attorneys review and may propose amendments. Buyers schedule inspections. Lender starts appraisal and underwriting.
- Days 4 to 14: Post-review negotiations continue as needed. Inspection and appraisal results arrive. Mortgage underwriting progresses.
- Days 30 to 60: Final title work clears, municipal certificates are completed, and you close. The exact timeline depends on your contract dates and any issues that arise.
Common pitfalls to avoid
- Miscalculating business days. Confirm in writing when the review period starts and ends. Do not assume weekends count.
- Delaying inspections. Waiting until after review can reduce leverage for repairs or credits. Book inspections right away.
- Rushing to waive review. Shortening or waiving attorney review reduces your protections. Discuss with counsel before agreeing.
- Deposit uncertainty. Make sure escrow instructions are clear, including who holds the funds and how returns work if the contract is disapproved.
- Municipal and title surprises. Unpermitted work, liens, or easement conflicts can delay closing. Early document checks reduce last-minute hurdles.
Costs and who pays
New Jersey real estate attorneys often charge either a flat fee for standard closings and review or an hourly rate for more complex negotiations. Flat fees commonly include contract review, negotiation during attorney review, and attendance at closing. Exact fees vary by attorney and transaction complexity, so reach out to local Somerset County attorneys for current quotes.
As the buyer, you typically pay for home inspections. The lender orders the appraisal, and you usually pay for it. Title insurance premiums, recording fees, township certificates, and settlement charges are handled according to your contract and local custom. Since fees and schedules change, your attorney and title company will confirm current totals with the Somerset County Clerk and your municipality.
After review: what to expect next
Once the review period ends with an accepted contract, you move deeper into inspections, appraisal, mortgage approval, title work, and any municipal clearances. Your attorney and agent will coordinate documents and deadlines so you stay on track. If an issue pops up, your team will use the protections set in attorney review to guide next steps, whether that is a repair plan, a credit, or a timing adjustment.
If you want a steady hand through the Somerset County process, personal guidance, and clear communication from contract to closing, reach out today. Work with Connie — Request a Consultation.
FAQs
How long is attorney review in Somerset County, NJ?
- The period is typically three business days statewide in New Jersey, excluding weekends and legal holidays.
When does the attorney-review clock start in New Jersey?
- It usually starts when both parties have signed and the fully executed contract is delivered or communicated to each side.
Can I negotiate or cancel during attorney review?
- Yes. Your attorney can propose changes or disapprove the contract within the period, which cancels it and typically returns the buyer’s earnest money.
Should I schedule inspections during attorney review?
- Yes. Scheduling right away lets your attorney use results to negotiate repairs or credits within early timelines.
What happens to my deposit if an attorney disapproves?
- The contract is void and the earnest money is typically returned to the buyer, unless the parties agree otherwise.
Can we extend the three-day review?
- Yes, if both parties agree in writing and sign the extension.
Do Somerset County towns require certificates before closing?
- Many municipalities require certificates, tax clearances, or septic approvals. Your attorney will confirm the specific requirements and timing for your town.
