NJ Attorney Review: How the Three-Business-Day Period Works

The short answer: When a New Jersey real estate licensee prepares a contract to sell a home with one to four units (or a vacant one-family lot), the contract has to include an attorney review clause. Once the signed contract is delivered to the buyer and the seller, either one has three business days to have an attorney review it and, if the attorney chooses, disapprove it. Saturdays, Sundays and legal holidays don't count. If no attorney disapproves in time, the contract becomes legally binding as written (N.J.A.C. 11:5-6.2(g)).

If you're studying for your license, you'll run into attorney review in class and again in your first deals. Here's how it works, straight from the rule. For the full licensing path, see our complete guide to getting a NJ real estate license.

This article explains the Real Estate Commission's rule. It isn't legal advice. Buyers and sellers with questions about a specific contract should talk to a New Jersey attorney.

What is attorney review, in plain English?

New Jersey lets licensees prepare certain sale contracts and leases. Attorney review is the safeguard built into that. The rule requires the contract to tell the buyer and seller that they may have a lawyer look at it, and that a lawyer who disapproves within the window can stop the contract from becoming final (N.J.A.C. 11:5-6.2(g)2).

The rule even requires a warning at the top of the first page, in print larger than the rest of the document:

THIS IS A LEGALLY BINDING CONTRACT THAT WILL BECOME FINAL WITHIN THREE BUSINESS DAYS. DURING THIS PERIOD YOU MAY CHOOSE TO CONSULT AN ATTORNEY WHO CAN REVIEW AND CANCEL THE CONTRACT. SEE SECTION ON ATTORNEY REVIEW FOR DETAILS.

(N.J.A.C. 11:5-6.2(g)1)

Which contracts need an attorney review clause?

The rule applies to contracts prepared by licensees in deals where the licensee has a commission or fee interest, for (N.J.A.C. 11:5-6.2(g)1):

• the sale of residential real estate with one to four dwelling units, and
• the sale of vacant one-family lots.

It also covers residential leases for a term of one year or more that a licensee prepares when the licensee has a commission or fee interest. Those leases get their own version of the warning and the clause, with "Tenant" and "Landlord" in place of "Buyer" and "Seller" (N.J.A.C. 11:5-6.2(g)4–6).

So a contract an agent fills out for a single-family house or a duplex needs it. The rule doesn't impose the same clause on contracts a licensee didn't prepare.

How are the three days counted?

The required clause spells it out (N.J.A.C. 11:5-6.2(g)2):

• You count the three days from the date the signed contract is delivered to the buyer and the seller.
• You don't count Saturdays, Sundays or legal holidays.
• The buyer and seller may agree in writing to extend the period.

Here's what that means in practice. If both sides get the signed contract on a Thursday, the count skips the weekend, so the window runs into the next week rather than ending on Sunday. With a Monday holiday in the mix, it runs even longer. Because the start depends on delivery to both parties, getting signed copies out promptly matters. The rule separately requires licensees to deliver clear copies of a fully executed contract to all parties immediately (N.J.A.C. 11:5-6.2(a)4).

What does the attorney actually do during review?

The clause says the buyer or the seller may choose to have an attorney study the contract. If they do, the attorney has to finish within the three-day period. The contract becomes legally binding at the end of the period unless an attorney for the buyer or seller reviews and disapproves it (N.J.A.C. 11:5-6.2(g)2).

The attorney "may but need not" also tell the broker what revisions would make the contract acceptable. That's where negotiation can pick back up. Under the rule, though, the action that matters is the disapproval.

How does an attorney disapprove a contract?

This is where the details count. Under the required clause (N.J.A.C. 11:5-6.2(g)2–3):

1. Who gets notice: the attorney must notify the broker(s) and the other party named in the contract within the three-day period.
2. How: by certified mail, telegram, or personal delivery to the broker.
3. When it counts: certified mail or telegram is effective when sent. Personal delivery is effective when it's delivered to the broker's office.
4. Where: the contract itself has to list the names and full addresses of everyone who must receive a notice of disapproval for it to be effective.

If the notice doesn't go out properly within the window, the contract is legally binding as written.

What happens if an agent leaves the clause out?

The Commission treats it seriously. If a licensee prepares one of these contracts or leases without the required language, the Commission treats it as engaging in the unauthorized practice of law. That's conduct showing "unworthiness and incompetency" and can lead to sanctions under N.J.S.A. 45:15-17(e) (N.J.A.C. 11:5-6.2(g)7).

The same rule also says that any revisions, amendments or addenda licensees prepare to a fully executed contract must comply with New Jersey law on attorney review (N.J.A.C. 11:5-6.2(a)5.ii). Changing a deal after signing doesn't let you skip the protections.

Why does this matter if you're still getting licensed?

Two reasons.

It's on the exam. Contracts is the single biggest area of the general content outline on the PSI salesperson exam (19%). The New Jersey section also includes "Contracts and Other Documents" under the statutes and rules governing licensees (PSI candidate bulletin). Our guide to the NJ PSI exam walks through the full outline.

It shapes your first deals. As a new salesperson you'll work under a broker, who supervises your contracts. Attorney review notices go to the broker(s), and the contract has to list where they go. Learning the steps early will make your first transaction a lot less stressful. If you're still choosing a brokerage, ask how they handle contract delivery and attorney review. See how to find a sponsoring broker in NJ.

Quick recap

Source for every row: N.J.A.C. 11:5-6.2.

Contracts and attorney review are covered in the 75-hour pre-licensing course. Business Elementary teaches it live on Zoom: see the 75-hour course.

Sources

• N.J.A.C. 11:5-6.2, Contracts of sale, leases and listing agreements (rule text via Cornell LII): https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-11-5-6-2
• PSI, NJ Candidate Information Bulletin (updated 2/1/2026), content outline: https://test-takers.psiexams.com/api/content/bulletin/1667

Last reviewed: October 26, 2026

Related guides:

• Before the contract even reaches attorney review, the seller's disclosure form has to be in the buyer's hands. See NJ Seller Disclosure Statement Requirements for what the form covers and what agents must do.

Frequently Asked Questions

Do weekends count during NJ attorney review?

No. The required clause says you don't count Saturdays, Sundays or legal holidays (N.J.A.C. 11:5-6.2(g)2).

When does the three-day period start?

From the date the signed contract is delivered to the buyer and the seller (N.J.A.C. 11:5-6.2(g)2).

Can attorney review be extended?

Yes. The buyer and seller may agree in writing to extend the three-day period (N.J.A.C. 11:5-6.2(g)2).

Does attorney review apply to rentals?

It applies to residential leases for a term of one year or more that a licensee prepares when the licensee has a commission or fee interest (N.J.A.C. 11:5-6.2(g)4).

Is the buyer required to hire an attorney?

The clause says the buyer or seller may choose to have an attorney study the contract. If no attorney disapproves within the period, the contract becomes binding (N.J.A.C. 11:5-6.2(g)2). For advice on a specific deal, talk to a New Jersey attorney.