The Attorney Review Period In New Jersey Real Estate Explained


The Attorney Review Period for purchasing a home in New Jersey

For any home buyers relocating from outside of New Jersey, you might be surprised by some of the real estate laws in New Jersey. Specifically, in New Jersey, after a “proposal” is accepted by the buyer and seller, the property moves into Attorney Review status. During this period of time, both the buyer and the seller can exit the deal with no harm to either.

While in Attorney review, the attorneys representing the respective buyer and seller will ensure that all terms are clearly understood and acceptable to both parties. It will usually last for 3 days.

Unlike many other states where the “proposal” is actually a sales contract and when all signatures are received, the deal is a legal and enforceable contract, the attorney review period in New Jersey was created to ensure that both the buyer and sellers’ interests where represented prior to a legally enforceable contract being created.

If you put in an offer on a home in NJ, and during the attorney review period you decide against the house, you get out of the “proposal” without any issues. Likewise, if you are a seller and decide not to take an offer (maybe a better one comes in), you have the same opportunity.

Some may consider this a benefit, others may not. One thing is for sure, it offers more time and security to both the buyer and seller.

New Jersey is not a Title state (a state where a title company can execute the closing of a real estate contract); both the seller and the buyer will need to obtain attorneys to represent them during the deal. Attorney fees are typically around $1000 in New Jersey. They can be more depending on the amount of time and negotiation required by the attorney.

Happy home hunting!

James BoyerRealtor AssociateRE/MAX Properties Unlimited973-539-6300 Office973-647-0253 Directwww.JBoyerHomes.com For the best NJ home MLS search tools availible to the public!!
 

2 Responses to “The Attorney Review Period In New Jersey Real Estate Explained”


  1. Jim Johnson CRS Says:
    July 6th, 2008

    Jim - Great blog! We are a title state in Oregon. I have been selling homes in Bend Oregon since 1981 and have found that attorneys are deal killers here. They would love to get their hands (and wallets) on our sales.

    Our clients both buyers and sellers are adequately protected by title insurance policies, professional home inspections and a professional Realtor.

  2. James Says:
    July 6th, 2008

    Thanks for the comment Jim, The New Jersey real estate transaction is a complicated thing due to all the imput we have had from the attorneys.

Leave a Comment