Buying or selling in Hudson County and hearing about “attorney review” for the first time? You are not alone. If you are coming from New York practice, the New Jersey process can feel unfamiliar. A clear understanding now can save you stress later. In this guide, you will learn what attorney review is, how the timeline works, what most attorneys check in Hudson County, common outcomes, and how New Jersey differs from New York. Let’s dive in.
What attorney review is
Attorney review is a short, pre-closing window in New Jersey contracts that allows each side’s attorney to approve, negotiate changes, or void the signed purchase agreement without penalty. It is a standard feature of New Jersey practice and often appears in the common state contract forms.
The period is commonly three business days. During that time, either attorney can send written notice to approve as-is, propose changes, or void the contract. If both attorneys approve in writing sooner, the contract becomes binding before the window ends. If either side voids in time, the contract is cancelled.
The goal is protection. This window gives both parties’ attorneys space to confirm legal compliance, review key documents, and make needed changes so no one is locked into terms they did not intend.
What attorney review is not: It is not a home inspection or mortgage contingency. Those are separate clauses with their own deadlines that start after attorney review ends, unless your contract says otherwise.
How the timeline works
When the clock starts
The period usually starts when all parties sign the contract, or on the date written in the agreement. Always check your specific contract for exact timing and how business days are counted.
What attorneys can do
During the window, attorneys typically do one of three things:
- Approve the contract in writing, which makes it binding right away.
- Approve with negotiated changes. Attorneys exchange written amendments. When both sides sign off, the review period ends and the revised contract is final.
- Void the contract by written notice within the window. When that happens, the deal is cancelled.
Deposits and escrow
Your contract will say who holds the initial deposit, commonly a brokerage, escrow agent, or title company. If the contract is voided during review, the return of the deposit follows the contract and escrow rules. Your attorney will confirm how your specific escrow terms apply.
After review ends
Once the contract becomes binding, the other contingencies begin. Typical next steps include inspections, appraisal, mortgage approval, title work, and municipal or association document review on the agreed timelines.
Extensions or waivers
Parties can agree in writing to extend the review window to gather documents or finish negotiations. You can also waive attorney review entirely, which makes the signed contract binding right away. Waiver must be explicit and in writing.
What attorneys check in Hudson County
During review, attorneys focus on risk, timing, and clarity. In Hudson County, common priorities include:
- Title and liens. A preliminary title check may uncover outstanding mortgages, tax liens, or judgments. Older multifamily buildings sometimes have municipal liens or unpaid taxes.
- Condo or HOA documents. Expect review of by-laws, budgets, reserves, rules, pending special assessments, and any open litigation. Attorneys may request disclosures or negotiate credits for known assessments.
- Certificate of Occupancy and permits. Many Hoboken and Jersey City properties were converted or renovated over time. Attorneys confirm valid COs, open permits, or potential illegal conversions that could affect lending or closing.
- Tenant and rent matters. For tenant-occupied or multifamily properties, attorneys review leases, security deposits, and whether local rent registration or related rules apply.
- Surveys and boundaries. Encroachments, easements, or right-of-way issues may require clarification.
- Inspection coordination. While inspections are a separate contingency, attorneys often draft the repair, credit, or escrow language to match what parties agreed to after inspections.
- Flood risk and insurance. Waterfront or low-lying areas may have flood-zone designations that affect insurance and lender conditions. Attorneys flag documentation needs early.
- Municipal compliance. Local items can include smoke and carbon-monoxide certification, lead-safe rules for older buildings, and utility or tax balances.
- Financing terms. Attorneys confirm mortgage contingency deadlines and what happens if financing cannot be obtained.
Common Hudson County examples:
- Condo buyer learns of a pending special assessment for structural work. The buyer’s attorney negotiates a seller credit or timing to address the assessment before closing.
- Cross-state buyer targets a renovated two-family. The attorney finds an issue with the CO for the conversion and negotiates a cure or a termination if the issue cannot be resolved.
- Multifamily sale shows open municipal violations and unregistered leases. The seller’s attorney is asked to cure items and provide proper documentation before closing, which can also help underwriting.
- Waterfront condo purchase requires an elevation certificate for the lender. Attorneys coordinate an extension to obtain the document and bind flood insurance.
Common outcomes
Here is what usually happens by the end of the review period:
- Approval with no changes. The contract becomes final and the parties move to inspections and financing.
- Negotiated amendments. Attorneys agree on changes such as credits, new deadlines, or extra disclosures. Once signed, the amended contract is binding.
- Voided contract. Either attorney can cancel in writing during the window. Deposit handling follows the contract and escrow rules.
- Waiver of review. Parties agree to waive the window in writing, which makes the contract binding immediately.
- Extension. Both sides extend the period in writing to gather documents or finish negotiations.
In practice, straightforward condo sales with clean title often need minimal changes. Older multifamily properties, homes with municipal or association issues, or unique financing can lead to more negotiation or, at times, a void.
New Jersey vs. New York
If you are moving from New York, expect these key differences:
- Automatic short review window. New Jersey contracts commonly include a built-in attorney review period, often three business days. In New York, contracts generally become binding upon signature unless the parties add a specific attorney-approval clause or other contingencies.
- Timing and deal certainty. In New Jersey, a signed contract is not fully locked in until the review period ends or attorneys approve. This affects how sellers and buyers plan next steps.
- Co-ops vs. condos. New York City co-ops often require board approval, which is a separate layer after signing. New Jersey has fewer co-ops and more condos, so attorney review focuses on the contract and association documents rather than a board approval process.
- Escrow customs. Both states use escrow, but who holds the deposit and how release occurs can vary by contract and local practice. Always confirm your agreement’s escrow terms.
Buyer checklist: Hudson County
- Confirm the exact start and end of your review window. Do not assume weekends count as business days unless your contract says so.
- Share key info with your attorney right away, including lender contact details and any inspection reports if already completed.
- Ask your attorney to review title, CO and permits, condo or HOA financials and minutes, flood-zone status, municipal compliance, and leases if the property is tenant occupied.
- If you are out of state, set clear expectations for electronic document delivery, digital signatures, and time zones.
- Clarify how your deposit is held, when it must be delivered, and how it would be handled if the contract is voided during review.
Seller checklist: Hudson County
- Gather documents early. Have condo or HOA statements, recent tax bills, any COs, permit history, and lease files ready to share.
- If you expect municipal or association issues, talk with your attorney before listing or as soon as you accept an offer.
- Be ready for document requests during review. Fast responses help avoid extensions or cancellations.
- Consider pre-emptive disclosure of known assessments or upcoming projects to reduce surprises.
Shared tips to keep deals on track
- Respond quickly. Attorneys often exchange redlined changes by email. Prompt replies reduce the risk of running out of time.
- Put approvals or waivers in writing. Written approval ends attorney review immediately.
- Align on timelines. If closing dates, move-outs, or tenant turnovers are tight, discuss extending review or prioritizing key documents.
- Match inspection terms to the contract. Confirm that repair, credit, or escrow language reflects what you actually agreed to after inspections.
Work with a local guide
Attorney review is brief, but it sets the tone for the rest of your transaction. With the right plan, you can avoid delays, protect your interests, and move confidently toward closing. If you are buying or selling in Jersey City, Hoboken, Bayonne, or nearby suburbs, get a practical, neighborhood-first strategy and steady communication from start to finish. Connect with Christopher Falborn to discuss your goals and next steps.
FAQs
How long is New Jersey’s attorney review window?
- It is commonly three business days under standard New Jersey forms, but you should confirm the exact start and end in your specific contract.
Can my attorney cancel after we sign the contract in NJ?
- Yes. During the review period, either party’s attorney can void the contract by delivering written notice within the window.
What happens to my deposit if we cancel during review?
- The contract and escrow instructions control. Often the deposit is returned if the contract is voided during the window, but your attorney will confirm how your terms apply.
Is attorney review the same as a home inspection in Hudson County?
- No. Attorney review addresses legal terms and documents. Inspections are a separate contingency with their own timelines after review ends.
Can we waive attorney review to speed things up?
- Yes. Waiver must be in writing. Once waived, the signed contract becomes binding immediately.
I am moving from New York. What should I expect?
- Plan for a short post-signing window in New Jersey where terms can change or the deal can be voided. Retain a New Jersey real estate attorney early and be ready to respond quickly during the review.
