The attorney review window, New Jersey's most misunderstood rule
New Jersey is an attorney-review state. Under N.J.A.C. 11:5-6.2, broker-prepared residential contracts include a mandatory three-business-day window during which either party's attorney can disapprove the contract in writing. If an attorney sends a disapproval notice within that window, the contract is void and neither party is bound.
Four things sellers consistently get wrong about this.
- The clock starts when both parties receive the fully executed contract, not when the last signature is added. Delivery matters.
- Weekends and legal holidays do not count. A contract signed on a Friday afternoon does not start its three-day clock until Monday.
- Disapproval does not always mean the deal is dead. Attorneys often send a disapproval letter as a negotiating move to modify terms, price, contingencies, or closing date rather than to end the transaction. This is common practice in both counties.
- Until review closes, neither buyer nor seller is legally bound. That is worth sitting with.
Most attorney review periods resolve within three to seven business days, even when attorneys exchange modification letters. The process rarely ends a deal, but it can, and sellers should stay in close contact with their attorney and agent during this window.
What your attorney does during review
Your attorney reads the contract, flags anything unusual such as inspection contingency language, deposit terms, closing date, or personal property inclusions, and either lets the period expire, which makes the contract binding, or sends a letter proposing changes. The buyer's attorney does the same. Once both agree review is closed, the contract binds and the transaction clock starts for real.
Inspections, appraisal, and mortgage commitment
Once attorney review closes, three contingency tracks run, often in parallel, with different deadlines and different stakes for you as the seller.
Home inspections
The buyer's inspection period is negotiated in the contract, typically 10 to 14 days after attorney review closes. The buyer hires a licensed home inspector and sometimes specialists for radon, sewer scope, chimney, or an oil tank sweep. In Bergen and Hudson Counties, oil tank sweeps are common. Older neighborhoods including North Bergen and parts of Englewood have a meaningful share of homes with decommissioned underground storage tanks, and buyers routinely request them.
After the inspection, the buyer can request repairs, a price reduction, or a credit at closing. You do not have to agree to everything. What you should expect is a negotiation, not a demand list you are required to fulfill. Your attorney handles the formal response.
The inspection phase is where deals are most likely to be renegotiated. Going in with realistic expectations about your home's condition, and having disclosed what you know in your seller's disclosure, puts you in a much stronger position.
Appraisal
If the buyer is financing, the lender orders an appraisal after the inspection period closes or overlapping with it. The appraiser is an independent third party working for the lender, not the buyer, and the job is to confirm the property supports the loan amount.
In a market where prices have moved quickly, appraisal gaps are a real risk. Redfin put the Bergen County median sale price for the three months ending June 2026 at $873,000, up 8.4 percent year over year, with Hudson County at $736,000 over the same period, up 4.4 percent. When prices rise faster than comparable sales can support, appraisals sometimes come in below contract. Your attorney and agent will advise on options, including renegotiating, requiring the buyer to cover the gap, or reconsidering the deal.
Mortgage commitment
The contract includes a mortgage contingency deadline, typically 30 to 45 days from the contract date. This is the date by which the buyer must obtain a written commitment from their lender. A commitment letter is not a pre-approval. It is a lender's formal agreement to fund the loan, subject to final underwriting conditions.
As a seller, this is the contingency to watch most carefully. If the buyer cannot get a commitment by the deadline, they can typically walk away and recover their deposit. Extensions are common but require mutual agreement. Your attorney tracks this deadline on your behalf.
Consumer Financial Protection Bureau guidance puts the period from application to commitment at roughly three to six weeks, though it can stretch longer with complex files or busy lenders. Buyers who were pre-approved before making an offer tend to move through this stage faster.
The full timeline, week by week
Below is a realistic timeline for a financed sale. Cash deals compress this significantly, often closing in two to three weeks without an appraisal or mortgage contingency.
Stage | Typical timing after contract |
|---|---|
Attorney review opens | Day 1, when both parties receive the fully executed contract |
Attorney review closes | Days 3 to 10, three business days minimum |
Home inspection | Within 10 to 14 days after review closes |
Inspection response and negotiation | 3 to 5 business days after the report |
Appraisal ordered | Typically days 15 to 25 |
Mortgage commitment deadline | Typically days 30 to 45 from contract date |
Clear to close | Final underwriting, typically 1 to 2 weeks |
Closing | Typically 45 to 60 days from contract date |
These are typical ranges and every deal has its own rhythm. Market context matters too. Here is the area-level snapshot for the towns covered:
Area | Median sale price | Median days on market |
|---|---|---|
Fort Lee | $430,000 | 55 |
North Bergen | $527,000 | 54 |
West New York | $557,000 | 48 |
Cliffside Park | $633,000 | 49 |
Edgewater | $725,000 | 40 |
Leonia | $797,500 | 44 |
Source: Zillow sales data, trailing approximately 90 days, as of August 2026. Area-level medians only.
After mortgage commitment, the final stretch
Once the buyer receives the commitment letter, the major contingencies are behind you. The lender moves to final underwriting, the title company or closing attorney prepares the closing package, and both sides confirm the date and location. In New Jersey, closings typically happen at the title company's office or at one of the attorneys' offices.
The deed is recorded after closing through the county recording office. In Bergen County that is the Bergen County Clerk land records system. In Hudson County, recordings go through the Hudson County Register. Recording is the final public step that transfers legal ownership. You will not see it in real time, but your attorney confirms it afterward.
If you are selling an inherited property and wondering how probate interacts with this timeline, that is covered in Selling an Inherited Home in Bergen County. If the sale is part of a move to Florida, the contract-to-close window is one of the first things worth mapping, which is covered in the Florida timing playbook.
The Three Pillars Behind a Clean Closing
Once you are under contract, the variables that decide the outcome are timing, financing, and the property itself.
Timing & Strategy
Deadlines drive everything after attorney review. Missing one changes your position. Start with the assessment at quiz.sellecksellsnj.com.
Financing & Cash-Flow
Appraisal gaps and commitment deadlines are where financed deals actually break. See the advisory approach at scott.sellecksellsnj.com.
Lifestyle & Location Fit
Condition and disclosure quality determine how the inspection negotiation goes. Explore the guides at northernnj.sellecksellsnj.com.
Frequently Asked Questions
Does attorney review mean the contract is not binding yet?
Yes. Under N.J.A.C. 11:5-6.2, a broker-prepared residential contract in New Jersey is not binding until the three-business-day attorney review period expires without a disapproval notice, or until both attorneys formally close review. Either party's attorney can disapprove during that window, voiding the agreement.
How long does attorney review actually take in Bergen and Hudson Counties?
The minimum is three business days from when both parties receive the fully executed contract, and weekends and legal holidays do not count. In practice most reviews resolve in three to seven business days. When attorneys exchange modification letters it can run a few days longer, but it rarely stretches past two weeks.
How long do inspections take after attorney review closes?
The inspection contingency period is set in the contract, typically 10 to 14 days after review closes. The buyer schedules the inspection, receives the report, then has a defined window to submit repair requests. Negotiating a response adds another three to five business days, so the full phase usually runs two to three weeks.
When does the appraisal happen?
The lender orders it after the loan application is submitted, usually shortly after attorney review closes. Depending on appraiser availability, the appraisal typically occurs in the second or third week after contract execution, with the report delivered a few days later. In a rising market, appraisal gaps are worth discussing before you are in contract.
How long does mortgage commitment take, and what should sellers watch for?
Commitment deadlines are typically set 30 to 45 days from the contract date, and the application-to-commitment window commonly runs three to six weeks. If the buyer cannot obtain a commitment by the deadline and you do not grant an extension, they may have the right to cancel and recover their deposit. Your attorney tracks this on your behalf.
About Scott Selleck
Scott Selleck is a dual-licensed New Jersey and Florida REALTOR and Broker Sales Associate leading The Selleck Group at Keller Williams City Views Realty. Licensed since 1993, with more than 500 transactions closed serving Bergen and Hudson County. He specializes in guiding longtime homeowners through home sales and New Jersey to Florida relocations with an education-first approach.
Equal Housing Opportunity. Scott Selleck is a licensed New Jersey Real Estate Broker Sales Associate, broker since 1998 and licensed since 1993, and a Florida Sales Associate, license SL3588731, since 2023, regulated by the New Jersey Real Estate Commission. This article is general information only and is not legal, tax, or financial advice. Confirm your specific numbers with your attorney, tax advisor, lender, or closing officer. Broker fees and commissions in New Jersey are fully negotiable and are not set by law or by any board or association of Realtors. Market figures reflect the periods and sources stated and are not an estimate of value for any particular property.
Top 5 Sources
- N.J.A.C. 11:5-6.2, New Jersey attorney review requirement for broker-prepared residential contracts.
- Redfin, Bergen County and Hudson County housing market reports, three months ending June 2026.
- Consumer Financial Protection Bureau, homebuying process guidance on mortgage application timelines.
- Scott Selleck Foundation Document for voice, positioning, and advisory framing.
- Scott Selleck Link Directory for CTA structure, internal linking, and required site references.