Transaction Coordination

New Jersey Attorney Review Period: 3 Business Days

How the New Jersey attorney review period works under N.J.A.C. 11:5-6.2: which contracts it covers, how the three business days are counted, how an attorney disapproves (including the 2017 Conley v. Guerrero ruling on email and fax), and how a TC tracks it.

6 min read

The New Jersey attorney review period, in short: a residential contract prepared by a real estate licensee becomes final after three business days, counted from delivery of the signed contract to the buyer and the seller, skipping Saturdays, Sundays and legal holidays. Within that period either side's attorney can disapprove it, and the contract is then cancelled.

More on this topic: Contract deadlines by state, every guide in one place.

The clause traces back to a 1983 New Jersey Supreme Court case between the State Bar Association and the REALTOR boards, and the Real Estate Commission's rule, N.J.A.C. 11:5-6.2(g), sets the clause every such contract must contain. It's general information, not legal advice. Other states: see the deadlines in a purchase contract or Colorado contract deadlines explained.

Key takeaways

  • It applies to contracts prepared by licensees for 1–4 unit homes and vacant one-family lots where the licensee has a commission or fee interest, and to leases of a year or more.
  • Count three days from delivery of the signed contract to both parties, skipping Saturdays, Sundays and legal holidays; the parties can extend it in writing.
  • No disapproval in time means the contract is binding as written.
  • Since Conley v. Guerrero (2017), notice may go by fax, email, personal delivery, or overnight mail with proof of delivery; overnight mail counts on mailing.
  • The regulation's text still names certified mail and telegram, so read the clause in your contract, then the case.

What is the attorney review period in New Jersey?

It's a three-business-day window in which a lawyer for the buyer or seller can review a contract a real estate licensee prepared and cancel it. Every covered contract must say at the top of the first page, in larger print, that it “will become final within three business days” and that an attorney can review and cancel it (N.J.A.C. 11:5-6.2(g)(1)).

The clause the rule requires has three parts: study by an attorney, counting the time, and notice of disapproval (N.J.A.C. 11:5-6.2(g)(2)). The contract must also list the names and full addresses of everyone to whom a notice of disapproval must be sent (g)(3). A licensee who leaves the language out can be sanctioned by the Commission (g)(7).

Which contracts need an attorney review clause?

Contracts prepared by licensees for the sale of residential real estate with one to four dwelling units, and for the sale of vacant one-family lots, in deals where the licensee has a commission or fee interest (g)(1). Leases prepared by licensees for residential units for a term of one year or more need the same kind of clause (g)(4)–(6). The rule is about contracts licensees prepare, so if attorneys drafted the contract, ask them how review is handled.

How do you count the three days of attorney review?

Count from the date the signed contract is delivered to the buyer and the seller, and don't count Saturdays, Sundays or legal holidays (g)(2). The buyer and seller may agree in writing to extend the period. The start is delivery of the signed contract, which can be later than the day the last party signs, so record when and how each party received it.

Example (signed contract delivered to both parties Friday, November 6, 2026)Day
Saturday, November 7 and Sunday, November 8Not counted
Monday, November 9Day 1
Tuesday, November 10Day 2
Wednesday, November 11 (Veterans Day)Not counted
Thursday, November 12Day 3: the last day for a notice of disapproval

The rule says “legal holidays”, not “federal holidays”, so ask the attorneys whether a New Jersey holiday falls in the window. The dates are illustrative; see calendar days vs business days.

How does an attorney disapprove a contract in New Jersey?

By notifying the broker(s) and the other party within the three-day period; otherwise the contract is legally binding as written (g)(2). The attorney may, but need not, suggest revisions that would make it acceptable.

The regulation's text still says the notice goes to the broker by certified mail, telegram or personal delivery. In Conley v. Guerrero, 228 N.J. 339 (2017), the Supreme Court held that a notice sent by email and fax was valid because the buyers actually received it within the window, and ruled that going forward a notice of disapproval “may be transmitted by fax, e-mail, personal delivery, or overnight mail with proof of delivery”. Overnight mail is effective on mailing; the period stays three business days. NJ REALTORS said on the day of the ruling that it would update its standard contract, Form 118.

What happens when attorney review ends?

If no attorney disapproves within the period, the contract becomes legally binding as written. If one does, the contract is cancelled. If the parties then agree on changes, they sign a revised contract or addendum; read how it dates later deadlines.

Check how your contract defines the start of its other deadlines, such as inspections, mortgage commitment and closing. If they run from the end of attorney review, re-date them once it ends. See addendum vs amendment.

How do you track the New Jersey attorney review period?

Log the delivery date for each party, not just the signature date, and count three business days, skipping weekends and legal holidays. Note each party's attorney and the notice addresses listed in the contract, and keep any written extension on file. When the period ends, mark it met, record whether there was a disapproval, and update dependent dates.

In Closingbird, if the signed contract was delivered on the acceptance date, use “3 business days after acceptance”. Business days skip weekends and US federal holidays only, never New Jersey state holidays, and they count from acceptance, not from delivery. If delivery came later, or a state holiday falls in the window, set a fixed date. Each owner gets a morning reminder. See deadline tracking and business days vs calendar days.

Frequently asked questions

How long is attorney review in New Jersey?

Three business days from delivery of the signed contract to the buyer and the seller, not counting Saturdays, Sundays or legal holidays (N.J.A.C. 11:5-6.2(g)(2)).

Does attorney review include weekends?

No. Saturdays, Sundays and legal holidays aren't counted.

Can the attorney review period be extended?

Yes. The buyer and seller may agree in writing to extend it.

Can a notice of disapproval be sent by email?

Yes. Since Conley v. Guerrero (2017), notice may be sent by fax, email, personal delivery, or overnight mail with proof of delivery.

What happens if no attorney disapproves?

The contract becomes legally binding as written at the end of the three-day period.

Does attorney review apply to leases in New Jersey?

Yes, to residential leases of one year or more that a licensee prepares in a deal where the licensee has a commission or fee interest. They need the same three-business-day clause (N.J.A.C. 11:5-6.2(g)(4)–(6)).

Run it in Closingbird

Upload a New Jersey contract, set attorney review from the delivery date, and let Closingbird remind each owner before it ends. Start a free trial (14-day free trial, no credit card required) or see pricing.

Related reading

Sources

Checked in October 2026. Rules and prices change, and many vary by state, so confirm with the source, your state's real estate commission or your broker before you rely on them.

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