Buying or selling a home in South Orange moves fast, and the first milestone on most offers is attorney review. That three-business-day window can feel intense when you are trying to lock in terms and keep your deal alive. You want clarity on what happens, what can change, and how it affects inspections, financing, and closing. This guide breaks it all down, with South Orange specifics, so you can navigate with confidence. Let’s dive in.
What attorney review is
Attorney review is a short period in New Jersey when buyer and seller attorneys review a signed purchase contract and may approve, propose changes, or cancel without penalty. The process is built into standard forms commonly used across the state, including those associated with New Jersey REALTORS. During this time, your attorney can add protective language, clarify dates, and ensure the contract reflects your intent. It is not the same as inspections or mortgage approval, which have their own timelines.
How attorney review works
1) Offer and signing
- You submit an offer. If the seller signs, you have a fully signed contract.
- The attorney review clock usually starts when both parties have signed and dated the contract.
2) Three-business-day window
- The standard period is three business days. Weekends and legal holidays are typically excluded, but always check the contract’s definition.
- In this window, attorneys may approve the contract, propose written amendments, or issue a written disapproval that voids the deal without penalty.
- Written notices are usually sent by email and another method listed in the contract.
3) What happens next
- If there are no written changes or cancellations, the contract becomes a binding contract and contingency timelines begin per the contract terms.
- If changes are proposed and accepted in writing, the contract moves forward with those amendments.
- If either attorney disapproves in writing, the contract is void and both parties are released.
Key timelines to expect
- Inspection period: often 7 to 10 days, depending on the contract. Confirm when the clock starts because some contracts begin after attorney review is complete.
- Mortgage commitment: commonly 30 to 45 days for a lender to issue a formal commitment. Timelines can vary by lender and file complexity. For consumer guidance on loan processing, review the Consumer Financial Protection Bureau’s resources.
- Title and survey: preliminary title work often completes in 10 to 30 days; final timing depends on the property and title findings.
- Closing: many South Orange transactions close 30 to 60 days from acceptance, depending on financing, title, and municipal requirements.
Addenda and contingencies to review
Financing contingency
A financing addendum protects you if you cannot secure a mortgage by the deadline. Attorneys focus on start dates, commitment dates, and any cure period. Make sure the mortgage timeline fits your lender’s process.
Inspection contingency
This allows you to inspect the home and negotiate repairs or credits. During attorney review, your attorney may add specifics on timing and scope such as pest, radon, lead paint testing, or other specialist inspections suited to older homes.
Title, survey, and closing costs
Your attorney may clarify who pays for title insurance, who orders the survey, and how escrows are handled. Clear language prevents surprises later.
Condo or co-op rider
If the property is part of an association, you will likely add a rider covering association document review and approval timelines. These can be separate from general inspection dates.
Lead paint disclosure
For homes built before 1978, sellers must provide the federal lead-based paint disclosure. You can learn more from the EPA’s lead resources. Attorneys confirm required documents are delivered.
Municipal compliance
Many towns require pre-closing certificates, such as smoke and carbon monoxide certificates or occupancy compliance. In South Orange, confirm current requirements with the Village’s official site and build that timing into your contract. You can check updates on the Village of South Orange website.
South Orange factors that matter
- Commute priorities: South Orange is a commuter-friendly village with Midtown Direct service. Buyers often weigh timing to Manhattan, Newark, or Hoboken when shaping offers, which can affect how aggressively you handle attorney review or contingency dates. Check schedules and typical durations with NJ Transit.
- Older housing stock: Many homes are from the early 1900s. Common inspection topics include older electrical systems, knob-and-tube wiring in some cases, aging windows, and potential lead paint in pre-1978 properties. Attorneys often add targeted inspection riders to match these conditions.
- Municipal certificates: The Village may require certain certificates before closing. Your attorney should confirm what is needed and who is responsible for obtaining them. Refer to the Village of South Orange website for current requirements.
- Flood and water: Some properties may sit in mapped flood zones or have high water tables. Your attorney may request survey or flood-zone language and suggest checking FEMA maps to understand flood insurance needs. Explore FEMA’s map portal at the FEMA Map Service Center.
- Historic or preservation: If a property is in a local historic district, there may be restrictions on exterior changes. Attorneys sometimes add language about approvals needed for alterations.
Buyer tips
- Line up your attorney early so you can respond quickly during review.
- Include a strong pre-approval letter with your offer. Align your financing dates with lender expectations.
- Book inspectors as soon as the contract is binding, and consider specialists for older systems, radon, lead paint, chimney, or an oil tank sweep.
- Ask your attorney to confirm South Orange’s municipal certificates and assign responsibility for obtaining them in the contract.
- In a competitive situation, speak with your attorney before considering a shorter attorney review or faster response terms.
Seller tips
- Prepare disclosures with your attorney and gather documentation of repairs or improvements.
- Decide in advance how long you will allow for attorney review and how you will handle requests to shorten it.
- Expect buyers to request clear inspection and financing deadlines. Agree on how inspection issues will be handled.
- Coordinate with your listing agent and attorney to confirm South Orange’s required certificates and plan for timely inspections.
Sample South Orange timeline
- Day 0: Offer is signed by both parties. The effective date is set by the last signature.
- Days 1 to 3 (business days): Attorney review period. Attorneys may approve, propose changes, or disapprove.
- If no changes, the contract becomes binding at the end of the review period.
- If changes are proposed and accepted in writing, the amended contract becomes binding upon acceptance.
- If disapproved, the contract is void.
- Days 4 to 14: Inspection period example of 10 days. Buyer schedules general and specialized inspections and negotiates repairs or credits if needed.
- Days 4 to 35: Mortgage underwriting and appraisal. Many buyers target a 30 to 45 day commitment window, depending on the lender.
- Days 30 to 60: Title, survey, municipal certificates, and closing preparation. Closing is set once lender, title, and municipal items are cleared.
Note: Your exact dates depend on the contract language. Always confirm start and end dates with your attorney.
Common missteps to avoid
- Treating attorney review like an automatic delay. It is brief, and slow responses can frustrate the other side.
- Confusing attorney review with inspections or mortgage contingencies. Each has its own clock and conditions.
- Ignoring local requirements. Municipal certificates, flood considerations, or historic rules can impact timing and costs.
- Setting unrealistic mortgage dates. Align lender timelines with your financing contingency and consult CFPB guidance for general expectations.
Ready to talk through your situation in South Orange? Connect with the Stephanie Mallios Team for a personal, local perspective on timelines, contract strategy, and next steps.
FAQs
How long is attorney review in New Jersey for South Orange deals?
- The standard period is three business days from full signing, unless your contract states otherwise or attorneys agree to extend in writing.
Can I waive attorney review to make my offer stronger?
- In competitive situations, buyers sometimes ask to shorten or waive review, but you should discuss risks with your attorney before making that choice.
When do inspections start under a New Jersey contract?
- Many contracts provide a 7 to 10 day inspection period that often starts after attorney review ends, but always check your specific contract language.
What municipal certificates might South Orange require before closing?
- Requirements can change, so have your attorney verify current items with the Village and timing them in your contract. Review the Village of South Orange website for updates.
How do commute needs affect offers in South Orange?
- Some buyers prioritize Midtown Direct schedules and may tighten review or contingency timelines to compete. Check current schedules with NJ Transit.
Should I test for lead paint in older South Orange homes?
- For pre-1978 homes, lead-based paint disclosures are required, and many buyers add testing during inspections. The EPA’s lead resources explain the basics.
How do I check a property’s flood risk in South Orange?
- Ask your attorney to confirm survey and flood-zone details and consult FEMA maps to evaluate insurance needs. Start with the FEMA Map Service Center.