Heard friends mention “attorney review” and wondered how it affects your Montclair purchase? In New Jersey, this short window can shape your deal, your protections, and your timeline. If you are targeting a historic charmer or a sleek renovation, you want to win the house and still keep your bases covered. This guide breaks down how attorney review works, what to expect in Montclair, and practical steps to avoid missteps. Let’s dive in.
What attorney review is in New Jersey
Attorney review is a brief period after you and the seller sign a contract when either side’s attorney can disapprove or propose changes. It gives you a final chance to adjust terms or exit before the contract becomes fully binding. The customary period is three business days.
Attorney review is not the same as inspection, mortgage, appraisal, or title contingencies. Think of it as a lawyer-led safety check. Your attorney can add protective language, clarify deadlines, and make sure the contract reflects what you believe you agreed to.
When the 3-day clock starts and ends
Start of the clock
The three business days typically begin when the fully signed contract is delivered to both parties’ attorneys. Delivery methods can vary, such as email with a scanned copy. Ask your agent and attorney to confirm in writing when delivery happens so everyone agrees on the start date.
How it ends
If no attorney issues a written disapproval within the three business days, the contract becomes binding as written. If either attorney disapproves in writing during the window, the contract is usually void unless you both later agree on revised terms. You and the seller can also agree in writing to extend or waive the period.
Extensions and waivers
Short extensions are common when more time is needed to coordinate inspections or title work. In competitive markets, some sellers ask buyers to submit offers without attorney review. That increases your risk because you lose the negotiation and exit window. Always speak with an attorney before considering a waiver.
What your attorney reviews
During review, your attorney typically examines:
- The contract terms: price, deposits, closing date, deed type, fixtures and personal property.
- Seller disclosures and any available inspection history.
- Title items: existing mortgages, liens, judgments, or tax liens.
- The survey and boundary issues, including easements or encroachments.
- Municipal matters: open permits, code violations, and any certificate of occupancy requirements.
- HOA or condo documents if applicable, including rules and any special assessments.
- Tax bills and assessment history.
- Mortgage contingency language and financing timelines.
- Inspection contingency language and remedies for defects.
- Prorations, seller credits, and how closing costs are allocated.
- Title insurance commitment and exceptions.
Common changes include adding clear inspection timelines, tying the deal to a satisfactory title commitment and survey, clarifying deed type, setting responsibility for municipal items, and specifying remedies or credits for defects.
Montclair-specific checks to prioritize
Older homes and targeted inspections
Many Montclair homes date to the late 19th and early 20th century. Your attorney will often push for inspections that match older construction. That can include lead-based paint testing for homes built before 1978, electrical, pest, structural, and radon testing. These targeted inspections help you understand risks common in older properties.
Historic districts and exterior changes
Parts of Montclair fall within historic districts that regulate exterior work. Your attorney can confirm if the home is in a district and help you ask for prior approvals or restrictions. This ensures you know what is allowed for future projects.
Permits, CO, and municipal assessments
Your attorney will verify open permits, certificate of occupancy needs, and any municipal or local assessments. Montclair has pockets of ongoing infrastructure work that can impact costs. Confirming these items early protects your budget.
Parking, easements, and survey details
Some streets have limited off-street parking. Older lots can also carry easements or encroachment questions. Make sure a current or prior survey is reviewed so you are clear on boundaries and access.
Condos and townhomes
If you are buying in an association, your attorney should review bylaws, financials, meeting minutes, pending litigation, reserve funds, and any special assessments. You want to understand rules, fees, and planned projects before the contract becomes fully binding.
Your step-by-step timeline
Days 0 to 3: act fast
- Confirm delivery of the signed contract to both attorneys and get the start date in writing.
- Have your attorney request the seller’s disclosure, any prior survey, authorization to order title, HOA documents if needed, and municipal records for open permits.
- Schedule inspections early. Many buyers book home, pest, radon, and lead testing to occur within or soon after the review window.
- Begin title and tax checks so issues surface before you lock in final terms.
If your attorney disapproves
Expect either a termination or a proposal to amend key terms. Common amendments include inspection timelines, seller credits, or title-related conditions. Track deadlines closely and execute any extension in writing.
After review ratifies
Once the review window closes without disapproval, the contract is binding. Your attorney will then finalize title items, review lender documents, prepare closing paperwork, and confirm any agreed repairs or credits before closing.
Smart negotiation moves
- Keep inspection language broad enough to allow multiple specialists.
- Tie any repair obligations or credits to written estimates.
- Make the deal subject to a satisfactory title commitment and acceptable survey.
- Require seller statements about open permits and municipal compliance.
- If the market is competitive, consider a shortened review and quick inspections rather than eliminating protections.
Costs and timeline expectations
Attorney fee structures vary. Many New Jersey attorneys use a flat fee for contract review and a higher flat or hourly fee for full representation through closing. Typical review fees commonly range from a few hundred dollars to around $1,000, with full transaction representation higher based on complexity. Timing also varies by deal, but inspections often occur within 7 to 14 days after ratification, and closings frequently land 30 to 60 days after the contract becomes binding, depending on lender and seller needs.
Common pitfalls to avoid
- Waiving attorney review without counsel.
- Treating attorney review and inspections as interchangeable. They serve different roles.
- Failing to confirm the review start date in writing.
- Skipping a survey when parking, boundaries, or easements are unclear.
- Overlooking historic-district rules, HOA documents, or municipal assessments.
The bottom line for Montclair buyers
Attorney review is your short window to protect your interests, confirm municipal and title items, and set clear timelines. In Montclair, where older homes and local rules add complexity, that window matters. Use it to get targeted inspections, a clean title path, and written clarity on repairs, credits, and deadlines. You will head into closing with more confidence and fewer surprises.
If you want a calm, concierge process from offer to keys, connect with Unknown Company to Schedule Your Concierge Consultation.
FAQs
Can I cancel a Montclair home purchase during attorney review?
- Yes. A written disapproval by your attorney within the three business days typically ends the contract without penalty, subject to how the deposit is handled in your contract.
When do the three business days start in New Jersey?
- The clock generally starts when the fully signed contract is delivered to both parties’ attorneys. Confirm the delivery method and start date in writing.
Is attorney review the same as a home inspection contingency?
- No. Attorney review is a legal window to revise or exit the contract. Inspection contingencies are separate and set the process for evaluating and addressing property conditions.
What if title problems appear after review ends?
- Your attorney will aim to tie the contract to a satisfactory title commitment during review. If issues appear later, you will rely on the contract language and title insurance to resolve them.
Should I waive attorney review to win a bidding war in Montclair?
- Waiving increases risk because you lose a key protection. If you must compete, consider a shortened review and fast inspections rather than eliminating the review outright.
How does attorney review interact with my lender’s deadlines?
- The review is independent of underwriting. Your attorney often aligns financing contingency dates with lender milestones so both tracks stay on schedule.
