Updated October 2026. N.J.A.C. 11:5-6.2 and New Jersey Supreme Court decisions checked on October 31, 2026.
New Jersey’s attorney review period gives the buyer and the seller 3 business days to have a lawyer review and cancel a home contract that a real estate agent prepared. You count from the day the signed contract reaches both of you, and you skip Saturdays, Sundays and legal holidays (N.J.A.C. 11:5-6.2, checked October 2026).
Beycome doesn’t list homes in New Jersey yet. This guide explains how attorney review works so you know your rights as a seller. Want to know when we open here? Ask to be notified.
Jump to: ⚖️ Where it comes from · 📝 When it applies · 📅 Counting · ✉️ Notice · 🏠 For sellers · ❓ FAQ
Key takeaways
- The 3-day review is required in contracts written by a licensee who earns a commission or fee on the deal.
- It covers homes with one to four units and vacant one-family lots.
- Either side’s attorney can disapprove, and the contract is then off.
- Since 2017, the notice can go by fax, email, personal delivery or overnight mail with proof of delivery.
Where does the New Jersey attorney review period come from?
It started with a fight over who may write a contract. In the early 1980s, the New Jersey State Bar Association and the state’s Realtor boards went to court over whether agents filling in sales contracts were practicing law.
In 1983, the New Jersey Supreme Court approved a settlement in New Jersey State Bar Ass’n v. New Jersey Ass’n of Realtor Boards, 93 N.J. 470. Agents could keep preparing home contracts, but every one had to include a 3-day window for each side’s lawyer to review and cancel it. The Real Estate Commission later wrote the clause into its rules, N.J.A.C. 11:5-6.2(g).
The rule spells out the exact words. At the top of the first page, in larger print, the contract must say it will become final within 3 business days, and that you may consult an attorney who can review and cancel it. An agent who leaves the clause out can be disciplined by the Commission.
When does attorney review apply, and when doesn’t it?
It applies to contracts prepared by real estate licensees for homes with one to four units, or vacant lots for one home, when the licensee has a commission or fee interest. The same rule covers residential leases of a year or more written by agents.
Here’s how that plays out for a seller:
| Your situation | Is the 3-day review required? |
|---|---|
| You list with an agent, and the agent writes the contract | Yes |
| You sell by owner, and the buyer’s agent writes the offer | Yes, because a licensee with a fee interest prepared it |
| You sell by owner, and an attorney drafts the contract | No, the rule doesn’t apply |
| You and the buyer sign a contract with no agent or attorney | No, it can bind you once signed |
| A licensee writes an amendment to a contract | Yes, licensee-written changes must follow the attorney review rules too |
That last by-owner row is the risky one. Without the clause, there’s no built-in cooling-off period. If you’re selling yourself, have an attorney look at the contract before you sign, not after. Our for sale by owner contract guide covers the clauses to check.
How do you count the 3 business days?
The clause is short. You count from the date the signed contract is delivered to both the buyer and the seller. You don’t count Saturdays, Sundays or legal holidays. Buyer and seller can agree in writing to extend the period.
Two examples on the 2026 calendar:
| Signed contract delivered to both sides | Day 1 | Day 2 | Day 3 |
|---|---|---|---|
| Thursday, November 5 | Friday, November 6 | Monday, November 9 | Tuesday, November 10 |
| Thursday, December 24 | Monday, December 28 (Christmas and the weekend skipped) | Tuesday, December 29 | Wednesday, December 30 |
Two things trip people up. First, the clock starts at delivery to both sides, not when the last person signs. If your copy reaches you a day later, the count starts later. Second, a weekend in the middle stretches the calendar, so a Thursday signing often runs into the next Tuesday.
If you’re not sure whether a day counts as a legal holiday, ask your attorney. It’s an easy call to get wrong.
How does an attorney cancel during attorney review?
If either side’s attorney disapproves, they must notify the broker and the other party within the 3 days. If no one does, the contract is binding as written. The clause doesn’t ask the attorney to give a reason. An attorney can also send suggested changes, and that’s how many New Jersey deals get renegotiated.
The 1983 clause said notice had to go by certified mail, telegram or hand delivery. In Conley v. Guerrero, 228 N.J. 339, decided April 3, 2017, the state Supreme Court updated that. The Court held that an attorney’s notice of disapproval may go by fax, email, personal delivery or overnight mail with proof of delivery. Overnight mail counts once it’s mailed. The window itself is still 3 business days.
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Buy a home →What mattered in Conley was actual notice. The sellers’ attorney disapproved, and the buyers received that notice within the 3 days by a method the industry uses every day. So the notice was valid, even though it didn’t follow the old clause’s delivery rules to the letter.
What should sellers do during attorney review?
Treat the 3 days as part of the deal, not a formality. A few habits help:
- Line up your attorney before you accept an offer, so the review starts on day 1.
- Note the exact delivery date and write down your day 3.
- Read the attorney’s suggested changes the same day. Silence can run the clock out.
- Get any extension in writing, signed by both sides.
- Have your signed disclosure statement ready. The buyer should have it before they’re bound.
Attorneys often use the review to raise inspection timing, the closing date and who pays which costs. In New Jersey, the seller pays the realty transfer fee by law. Our guide to the steps after you accept an offer covers what comes next, and our by-owner negotiation guide helps when changes come back.
Do you need an attorney to sell in New Jersey?
No law makes you hire one. In 1995, in In re Opinion No. 26, the state Supreme Court allowed home closings where neither side has a lawyer, a practice common in South Jersey, as long as the parties get written notice of the risks. Many sellers still use an attorney for the review and the closing. It’s your choice. Our paperwork checklist shows what you’ll need either way, and our title insurance guide explains what the title company does.
More New Jersey guides: How to Sell Your House in New Jersey Without a Realtor, New Jersey Seller Disclosure Requirements in 2026, NJ Realty Transfer Fee and Mansion Tax: Who Pays (2026), Sell Your House by Owner in Jersey City, NJ (2026).
New Jersey attorney review questions
How long is attorney review in New Jersey?
3 business days. You count from delivery of the signed contract to both buyer and seller, and skip Saturdays, Sundays and legal holidays.
Does attorney review apply to a for sale by owner contract in New Jersey?
Only if a real estate licensee with a fee interest prepared it, such as the buyer’s agent. If an attorney or the parties themselves write it, the 3-day clause isn’t required.
Can a seller back out during attorney review in New Jersey?
The seller’s attorney can disapprove the contract within the 3 business days, and the clause doesn’t require a reason. After the period ends without notice, the contract binds both sides.
Can attorney review notice be sent by email in New Jersey?
Yes. Since Conley v. Guerrero (2017), notice may go by fax, email, personal delivery or overnight mail with proof of delivery.
Can the attorney review period be extended?
Yes, if the buyer and the seller agree in writing. Without that, the 3 business days stand.
When does attorney review start in New Jersey?
From the date the signed contract is delivered to both the buyer and the seller, not the date of the last signature.
Does attorney review count weekends?
No. Saturdays, Sundays and legal holidays don’t count toward the 3 days.
Reviewed by Beycome Brokerage Realty LLC, a licensed real estate brokerage (not licensed in New Jersey). Licenses: beycome.com/faq/how-to/are-you-a-licensed-broker/.
The calendar examples assume Christmas Day is the only legal holiday in those windows. Your attorney confirms the exact deadline for your contract.
This is general information, not legal advice. Attorney review rules can change by court decision, so talk with a New Jersey real estate attorney about your contract.
Sources
- N.J.A.C. 11:5-6.2, contracts of sale, leases and listing agreements (attorney review clause at (g)): law.cornell.edu, read October 31, 2026.
- New Jersey State Bar Ass’n v. New Jersey Ass’n of Realtor Boards, 93 N.J. 470 (1983): justia.com.
- New Jersey State Bar Association, case summary of Conley v. Guerrero, 228 N.J. 339 (April 3, 2017): njsba.com, read October 31, 2026.
- In re Opinion No. 26 of the Committee on the Unauthorized Practice of Law (1995): justia.com.
- P.L.2024, c.32, Real Estate Consumer Protection Enhancement Act (seller disclosure before the buyer is bound): njleg.state.nj.us.
- New Jersey Division of Taxation, Realty Transfer Fee (seller pays): nj.gov.
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