Buying a home in Montclair and hearing about “attorney review”? You are not alone. The term pops up fast once your offer is accepted, and the clock starts ticking. Understanding this short window helps you protect your deposit, set the right expectations, and keep your deal moving. In this guide, you’ll learn what attorney review is, how the timeline works in Montclair, what you can and cannot do, and a simple checklist to stay on track. Let’s dive in.
NJ attorney review explained
In New Jersey, most residential contracts that use standard association forms include an attorney review period. Once both parties sign and the seller delivers the signed contract back, a three business day window begins. During that time, either party’s attorney can approve, propose changes, or disapprove the contract.
If an attorney disapproves within the window and sends that notice in writing, the contract becomes void and your deposit is released according to the contract and escrow terms. If neither attorney disapproves in time, the contract becomes binding. Attorney review is a contract practice rooted in standard NJ forms and case law, not a state statute.
This is your final short window to make legal changes or cancel without penalty through your attorney. After review ends, the contract stays binding unless a specific contingency, like financing, inspection, or appraisal, gives you a later right to cancel.
Timeline from offer to closing in Montclair
Day 0: Offer and acceptance
You submit your offer. When the seller signs and returns it, you have an accepted contract. The three business day attorney review period starts at acceptance.
Days 0–3: Attorney review period
Attorneys use this time to review language, propose edits, and confirm dates and contingencies. Items often addressed include closing date, occupancy details, title and escrow instructions, and any repair or credit expectations. If your attorney disapproves within the three business days, the contract is void.
Days 1–14: Inspections and due diligence
Montclair homes can move quickly, so many buyers book inspections immediately, sometimes during attorney review. Common inspections include a general home inspection, radon, termite or pest, sewer scope, and specialty checks such as chimney or structural. Inspection fees are typically nonrefundable.
30–45 days: Financing and appraisal
If you have a mortgage contingency, your lender orders the appraisal and completes underwriting. Mortgage commitment often takes 30 to 45 days depending on loan type and lender pace.
30–60 days after binding: Closing
Closing depends on your loan, title work, municipal requirements, and the dates in the contract. Older housing stock and historic districts in Montclair can add steps, so plan your timeline with a bit of cushion.
What you can and cannot do
What you can do during review
- Cancel the contract without penalty if your attorney disapproves in writing within the three business days.
- Propose contract edits on closing date, occupancy, escrow instructions, fixtures, and cost allocations.
- Add or clarify contingencies, such as inspection specifics or repair escrows.
- Order inspections and start title work; your attorney can negotiate based on findings and documents.
- Request disclosures and documents, including tax bills, surveys, permit history, and lead paint disclosures.
- Agree in writing to extend the attorney review period if both sides consent.
What you cannot do or expect
- Disapprove after the three business day window unless both parties agree in writing to extend.
- Unilaterally force major changes if the seller declines; they are not required to accept attorney edits.
- Use attorney review to override lender timelines; your mortgage process runs on its own schedule.
- Rely on later cancellation without a valid contingency if review has ended.
- Safely waive attorney review without risk. Doing so removes a key protection.
Documents and inspections to expect
Core documents your attorney will request
- Fully executed contract with riders and addenda.
- Seller’s Property Condition Disclosure and, for pre-1978 homes, a lead-based paint disclosure.
- Title search or preliminary report, plus any existing liens or mortgages.
- Survey or property tax map, deed, and legal description.
- Municipal records, including permit history, any open violations, and certificate of occupancy requirements.
- Condo or HOA documents if applicable, including bylaws, master insurance, meeting minutes, financials, and any assessments.
- Recent tax bills and utility information.
- Receipts and documentation for recent repairs or improvements.
Typical inspections and costs
- General home inspection: about $350 to $700, depending on size and age.
- Radon test: about $125 to $250.
- Termite or pest: about $75 to $200.
- Sewer camera or scope: about $150 to $400.
- Specialty inspections (chimney, structural, HVAC): often $150 and up each.
Scheduling inspectors early keeps you on timeline. Budget for these as nonrefundable costs.
Montclair-specific checks
- Older homes and pre-1978 construction: confirm lead paint disclosure and consider lead testing.
- Historic districts: exterior changes may need approvals. Clarify what exists and what you plan to do.
- Municipal permits and CO: verify permits for seller renovations and what the township requires before closing.
- Shared features and easements: older lots may have shared driveways or private easements. A survey and title review will help clarify.
- Sewer laterals and yard trees: a sewer scope can reveal age-related issues.
- Condos and HOAs: request the full resale packet early. Some associations have approval processes and questionnaires.
Title, escrow, and closing items
Attorney review is a good time to clarify who holds the deposit, how escrow is handled, and what triggers release if the contract is voided. You will also decide on a title company and how title insurance costs are allocated between owner and lender policies. Your attorney will review the deed, legal description, and any title exceptions before closing.
Communication plan and checklist
First 24 hours after acceptance
- Notify your attorney and lender immediately.
- Lock in inspection appointments, ideally during review or right after.
- Start your loan application if you have not already.
During attorney review (three business days)
- Your attorney reviews the contract, disclosures, and any early title items.
- Share inspection reports quickly as they come in.
- If disapproval is necessary, ensure your attorney sends written notice within the window.
Days 4–14
If the contract is binding, negotiate repairs or credits based on inspection results.
Lender proceeds with appraisal and underwriting.
Price out homeowner’s insurance and start planning your move.
Days 14–45
- Clear loan conditions and finalize any repair agreements.
- Confirm closing date, utilities setup, and final walk-through timing.
Practical step-by-step checklist
- Confirm your contract includes the standard three business day attorney review clause.
- Hire a New Jersey real estate attorney experienced with Essex County and Montclair.
- Book a general home inspection immediately; add radon, termite, and sewer scope as needed.
- Start title search and review any available survey.
- Request condo or HOA documents if applicable.
- Ask for municipal permit history and any CO items.
- For pre-1978 homes, verify the lead-based paint disclosure and consider additional testing.
- If you commute to NYC, confirm your preferred Montclair station and schedule.
- Discuss your risk tolerance before waiving any contingency.
Tips for NYC relocation buyers
- Line up your attorney and inspectors early to save time.
- If traveling is difficult, set clear written permissions for your agent or attorney to coordinate inspections.
- If you need specific occupancy dates, negotiate early occupancy or rent-back terms during attorney review and document them clearly.
Common pitfalls to avoid in Montclair
- Waiving attorney review or inspections to be competitive. This can expose you to costly repairs or legal issues.
- Skipping permit and CO checks. Older renovations may not have complete records.
- Overlooking historic district rules. Exterior changes may need approvals you did not anticipate.
- Ignoring shared features like driveways or easements. Clarify rights and maintenance before closing.
- Waiting on sewer scope. Older laterals can mean large, urgent expenses.
Ready to buy in Montclair?
With a clear plan for attorney review, you can move fast and protect your interests. If you want a thoughtful strategy, a realistic inspection plan, and guidance on timelines that fit Montclair’s pace, connect with Suzy Minken. You will get a calm, step-by-step approach that keeps your offer strong and your purchase on track.
FAQs
What is attorney review in New Jersey home purchases?
- It is a three business day window in most standard NJ contracts where either side’s attorney can approve, modify, or disapprove the contract. If disapproved in writing within the window, the contract is void and the deposit is handled per the escrow terms.
How long does attorney review last in Montclair deals?
- The standard period is three business days from acceptance. It can be extended only if both parties agree in writing.
Can I schedule inspections during attorney review in Montclair?
- Yes. Many buyers schedule immediately due to inspector demand. Typical inspections include general, radon, termite, and sewer scope, with common costs listed in this guide.
Can I cancel after attorney review ends if I find issues?
- Only if a specific contingency lets you cancel, such as an inspection, financing, or appraisal contingency stated in your contract.
Should NYC buyers waive contingencies to win in Montclair?
- It is risky. Waiving attorney review or inspections removes key protections and can lead to costly repairs or legal exposure later.
Who holds my deposit during attorney review in New Jersey?
- The deposit holder is set in the contract and often clarified during attorney review. It may be the brokerage or the title company, and release terms apply if the contract is voided during review.
