NJ Attorney Review Period Explained — What Westfield Sellers Need to Know

By Galina Kaplan  |  May 23, 2026

New Jersey does something most states don't: it gives both the buyer and the seller a window to change their mind after signing a contract.

If you're coming from New York — or anywhere that treats a signed contract as a done deal — this can feel unsettling at first. You've accepted an offer. You've signed. And now the deal can still fall apart?

That's attorney review. And once you understand how it actually works, it becomes one of the most useful protections in your seller's playbook — not a vulnerability.

What Attorney Review Actually Is

Under New Jersey law, every standard residential real estate contract includes a mandatory 3-business-day attorney review period. It begins the day after the other party's attorney receives the fully executed contract — meaning both sides have signed — whether that's delivered by email, certified mail, or fax.

During those 3 business days, either party's attorney has three options:

1. Approve the contract as written — attorney review ends, the deal moves forward
2. Cancel the contract — for any reason, with no financial penalty to either side
3. Send a disapproval letter with proposed riders — essentially a counteroffer on contract terms

If a disapproval letter with riders is sent, a new negotiation begins. The other attorney has 3 business days to respond to each round — approve, counter with their own riders, or cancel. This back-and-forth continues until both attorneys sign off, one party walks, or everyone agrees to extend.

Until both attorneys have approved in writing, the contract is not legally binding. That's the key detail most sellers don't fully absorb until they're in it.

What This Means for You as the Seller

Here's what I tell every client when we go under contract in Westfield:

Don't make irreversible decisions yet. I know — you've accepted an offer, you're mentally planning the move. Hold off on booking movers, signing a new lease, or committing to anything that can't be undone until attorney review is over. Most transactions clear without drama. But it's a real window where either party can exit, and you want to stay flexible.

Expect riders from the buyer's attorney. Buyer's attorneys routinely send riders. Many are standard — modified contingency language, mortgage terms, a list of included items. Some are more substantive — asking for repair credits, price adjustments, or specific conditions. Your attorney handles the negotiation, but stay in close contact so you can respond quickly. Attorney review can drag out when responses are slow, and a drawn-out review creates uncertainty for everyone.

Expect inspection access during review. Buyers can — and usually do — schedule their home inspection while attorney review is still open. That's normal, and it's actually efficient: inspection findings often inform what riders the buyer's attorney sends. As a seller, you should expect to accommodate inspection access even before the deal is firm.

You're protected too. Sellers sometimes assume attorney review is purely a buyer-side protection. It isn't. Your attorney can also cancel during this window. If circumstances change on your end — a significantly better offer comes in, your situation shifts, or a material issue surfaces — talk to your attorney immediately. There's a right way to handle it, and a wrong way that could expose you to legal risk. But the right to cancel is yours as well.

How the 3-Business-Day Clock Actually Runs

"Business days" means Monday through Friday, excluding New Jersey legal holidays. The clock starts the day after the other attorney receives the fully executed contract — not the day you sign.

So if you sign on Friday afternoon and the contract is emailed to the buyer's attorney Friday evening, the 3-day window typically begins Monday. That runs through Wednesday — giving both sides a full working week.

One thing that surprises buyers relocating from New York: there's no formal, required notification that attorney review is complete. It ends when both attorneys have approved in writing, or when 3 business days pass with no disapproval letter received. Your agent and attorney should confirm closure explicitly before you treat the deal as firm.

Here's the full sequence from contract to closing:

What About Closing Costs After Attorney Review?

Once attorney review closes, the full picture of your seller costs comes into focus. In the current Westfield market, sellers typically pay 7–8% of the sale price in combined closing costs — agent commissions, the Realty Transfer Fee, the Graduated Percent Fee (the updated mansion tax), attorney fees, and title costs.

That mansion tax change is worth understanding before you list. As of July 2025, it shifted from a buyer-paid flat 1% to a seller-paid graduated fee of 1% to 3.5% of the full sale price — and it applies to virtually every Westfield sale, since most homes here clear the $1M threshold. On a $1.4M sale, that's $14,000 coming out of your proceeds at closing.

Knowing those numbers before you list — not at the closing table — is how you set the right price and walk away with what you planned to net. That's exactly the kind of calculation I work through with every seller before we go live.

Frequently Asked Questions

How long is the attorney review period in NJ?

The NJ attorney review period is 3 business days. It begins the day after the other party's attorney receives the fully executed (signed by both sides) contract — by email, certified mail, or fax. Business days exclude weekends and New Jersey legal holidays.

Can a seller cancel during NJ attorney review?

Yes. During the attorney review period, either the buyer or the seller can cancel the contract for any reason without penalty. The right to cancel belongs to both sides equally — it's not just a buyer protection. Once attorney review ends with both attorneys approving, the contract becomes binding.

What is a rider in NJ real estate?

A rider is a proposed modification to the contract, submitted by an attorney during the attorney review period. Riders can address inspection contingencies, mortgage terms, included items, repair credits, or any other contract terms. If one side sends a rider, the other has 3 business days to respond — approve, counter, or cancel.

Do I need an attorney to sell my home in NJ?

Yes. In New Jersey, a real estate attorney is required for residential transactions — the attorney review period is built into every NJ contract by law, and you must have an attorney to participate in it. Attorney fees for a standard closing in Westfield typically run $1,000–$2,500.

Can the buyer do a home inspection during attorney review?

Yes — and it's common. Buyers frequently schedule their home inspection while attorney review is still open. Inspection findings can inform the rider negotiation, so running them concurrently speeds up the overall process. As a seller, expect inspection access requests even before the contract is fully firm.

What happens after attorney review ends in NJ?

Once attorney review closes, the contract is legally binding subject to any agreed-upon contingencies (mortgage, inspection, appraisal). From there, the typical Westfield timeline is 45–60 days to closing: mortgage appraisal, title search, smoke detector certification, final walkthrough, and closing with your attorney.

Attorney review is one of the things that makes New Jersey real estate genuinely different from what most buyers and sellers have experienced. It's not a complication — it's a feature. The 3-business-day window exists to protect you, and understanding how to move through it efficiently makes the difference between a smooth transaction and a drawn-out one.

If you're preparing to list in Westfield's current market — where homes are still moving in under 30 days and offer competition is real — knowing your process from contract to close is just as important as knowing your price.

I'd love to walk you through it. Schedule a free consultation and we'll talk through your timeline, your costs, and what to expect every step of the way.