Making an Offer in NJ: What Happens Next (Attorney Review Explained)
Making an offer on a home in NJ? Here's what happens next — from negotiation to attorney review to closing. A step-by-step guide for buyers.
You've done the hard part — you walked through a home, and it just clicked. Now comes the moment that trips up almost every buyer: what actually happens between "I want to make an offer" and "the house is officially mine"?
Unlike a lot of states, New Jersey has its own quirks in this process — especially something called attorney review, which surprises a lot of buyers (particularly if you're relocating from out of state). The good news? Once you understand how it works, it's actually one of the most protective parts of buying a home here.
Here's exactly what happens, step by step, from the moment you decide to make an offer.
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🕵️♂️ Before We Write the Offer
Before anything goes to the seller, we sit down and get strategic:
Comps — I'll pull recent sales of comparable homes nearby so your offer is grounded in real data, not guesswork
Offer price — we'll talk through where to land based on market conditions, how long the home's been listed, and how much competition you're likely facing
Terms beyond price — price isn't the only lever we can pull. Depending on the situation, we might discuss:
Deposit amount — a stronger deposit can signal seriousness in a competitive offer.
Closing date flexibility — offering to close on the seller's timeline (or asking for extra time yourself if you need it).
Inspection contingency terms — keeping it standard, or in some cases limiting it to major/safety issues only, to make your offer more competitive.
Appraisal gap coverage — agreeing to cover some difference if the home appraises below the offer price, which can matter in a bidding war.
Seller concessions — asking the seller to contribute toward closing costs or repairs.
Included items — appliances, window treatments, or furniture the seller may be willing to leave behind.
Your overall strategy — every offer needs a game plan, not just a number.
Here's what that looks like in practice: Let's say you've found a home listed for $450,000 that's been on the market for three weeks with no other offers yet. Our strategy might be to come in slightly under asking with a longer inspection period and a flexible closing date — since there's less competition, we have room to negotiate on price and terms.
Now flip the scenario: the same home gets multiple offers within the first weekend. Our strategy shifts — we might come in at or above asking, with a strong deposit and a tighter inspection contingency, to stand out without waiving protections you're not comfortable losing.
Same house, two different markets, two different game plans. That's what this conversation is for — so your offer fits your situation, not a one-size-fits-all template.
📝 What Goes Into an NJ Offer
Once we've landed on strategy, it's time to put it in writing. Here's what actually makes up a formal offer in New Jersey:
Purchase price — the number we've strategized around.
Earnest money deposit — a good-faith deposit (typically 1–5% of the purchase price) that shows the seller you're serious, held in escrow until closing.
Mortgage contingency — protects you if you're unable to secure financing, with a deadline for when your loan needs to be finalized.
Inspection contingency — your right to have the home professionally inspected and negotiate or walk away based on what's found.
Attorney review clause — this is the big NJ-specific piece. Every offer here includes a built-in window (typically three business days) where either side's attorney can cancel or renegotiate the deal — more on this below.
Closing date — the target date both sides agree to aim for.
Included/excluded items — anything beyond the house itself, like appliances, fixtures, or window treatments we discussed in the strategy conversation.
Any special conditions — anything unique to your situation, like needing extra time to sell your current home.
Once all of this is put together, your offer becomes a formal document ready to go to the seller — which brings us to what happens next: submitting it and, often, negotiating.
📨 Submitting the Offer & Negotiation
Once your offer is finalized, I submit it to the listing agent — and from here, one of a few things typically happens:
Scenario 1: Straight acceptance
The seller accepts your offer as written. This is the simplest outcome — we move directly into the attorney review period.
Scenario 2: Counteroffer
The seller comes back with adjustments — maybe a higher price, a different closing date, or different terms. This is completely normal, not a sign the deal is falling apart. We'll talk through their counter together, and I'll give you my read on whether to accept, counter back, or hold your position.
Scenario 3: Multiple offers
If you're not the only buyer interested, the seller may ask for "highest and best" — essentially, everyone's final offer. This is where the strategy conversation we had earlier really matters. I'll help you decide how far you're comfortable going, and where to draw the line.
A few things worth knowing about this stage:
Negotiation can move fast — sometimes within hours, especially in competitive situations
It's normal to go back and forth more than once before landing on final terms
I'll always give you my honest read on a counteroffer or competing situation — including when I think it's smart to walk away
Once both sides agree on price and terms, the offer becomes mutually accepted — and the clock starts on the next (and most NJ-specific) part of the process: attorney review.
📚 Once It's Accepted: Attorney Review Explained
This is the part of the process that catches a lot of buyers off guard — especially if you've bought a home outside of New Jersey before. Here's how it works.
What is attorney review?
Once both sides sign off on price and terms, the contract isn't fully binding yet. New Jersey builds in a three-business-day window (starting the day after attorneys receive the signed contract) where either side's attorney can review, modify, or even cancel the deal.
Why does this exist?
It's actually a protection for both buyer and seller. It gives each side's attorney a chance to catch issues, adjust contract language, or negotiate additional terms before everyone is fully locked in — something most other states don't offer at this stage.
What can happen during attorney review?
Your attorney reviews the full contract line by line.
Either attorney can propose changes — this is common, and usually minor (dates, contingency language, small clarifications).
In rare cases, an attorney can cancel the contract entirely if something is a dealbreaker.
Once both attorneys give their approval (verbally or in writing), the contract becomes fully binding.
What this means for you as the buyer:
Have an attorney lined up before you're in this window — I can recommend a few I trust if you don't already have one.
Don't schedule your inspection or anything else time-sensitive until attorney review clears, in case terms shift.
This window typically moves fast, but don't be alarmed if you don't hear much during it — that often just means things are moving smoothly.
A quick way to think about it:
the offer got you to the finish line of negotiation. Attorney review is the final quality check before you're truly under contract.
Once attorney review clears, you're official — and the process moves into inspection, mortgage commitment, and the final stretch toward closing.
🤝 What Happens After Attorney Review Clears
Once attorney review clears, you're officially under contract — congratulations, this is a real milestone. Here's what comes next:
Home Inspection
You'll schedule a professional inspection (typically within the timeframe outlined in your contract). If anything significant comes up — structural issues, roof concerns, major systems nearing end of life — we'll negotiate repairs, credits, or a price adjustment with the seller.
Mortgage Commitment
Your lender moves your loan from pre-approval to full underwriting. This is where they verify everything — income, assets, the property itself — and issue a formal mortgage commitment letter. There's usually a deadline for this baked into your contract, so staying responsive to your lender's document requests really matters here.
Appraisal
Your lender orders an appraisal to confirm the home's value supports the loan amount. If it comes in at or above your offer price, you're clear to move forward. If it comes in low, we'll talk through your options — renegotiating price, covering the gap, or other paths forward, depending on what we discussed in your original strategy.
Title Search & Insurance
Your attorney orders a title search to confirm the property can be sold free of liens or ownership disputes, and title insurance is arranged to protect you going forward.
Final Walkthrough
Just before closing, we'll walk through the home together one more time to confirm it's in the agreed-upon condition and any negotiated repairs were completed.
Closing Day
This is it — you'll sign the final paperwork, transfer funds, and get your keys. In New Jersey, closings can happen in person or, increasingly, remotely — we'll figure out what works best for you.
The bottom line: once attorney review clears, the rest of the process is about verification and preparation — making sure everything lines up before you officially become a homeowner.
❓ Frequently Asked Questions
What is attorney review, and why does NJ have it?
Attorney review is a built-in three-business-day window after a contract is signed where either party's attorney can review, revise, or cancel the agreement. It's unique to New Jersey (and a few nearby states) and exists to protect both buyers and sellers before the contract becomes fully binding.
Can I back out of a deal during attorney review?
Yes — this is one of the main protections attorney review offers. Either attorney can cancel the contract during this window for any reason, which is different from later contingencies that require a specific justification.
How much should my earnest money deposit be?
It varies by situation, but typically ranges from 1–5% of the purchase price. We'll talk through what makes sense for your specific offer and market conditions.
What happens if the appraisal comes in lower than my offer?
You have a few options: renegotiate the price with the seller, cover the difference out of pocket, or in some cases walk away if you have an appraisal contingency in place. We'll map out the best path based on your situation if this comes up.
Do I need my own attorney, or can I use the seller's?
You'll always want your own attorney representing only your interests — never share an attorney with the seller in a real estate transaction.
How long does the whole process take once I'm under contract?
Typically 30–45 days from a cleared attorney review to closing, depending on your lender, inspection findings, and how quickly documents move.
Ready to Make Your Offer with Confidence?
Making an offer on a home shouldn't feel like a leap of faith. With the right strategy — and someone in your corner who knows exactly how New Jersey's process works, from negotiation through attorney review to closing day — you can move forward knowing every step is protected.
If you're getting ready to make an offer (or just want to understand the process before you're in the middle of it), let's talk.
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Have questions about the offer process? Fill out my contact form and I'll be in touch.
Contact
Eddie Oquendo
Licensed NJ Real Estate Salesperson | REALTOR®
Affiliated with Signature Realty NJ
Phone
Office Phone: 973-921-1111
Cell Phone: 862-217-4664
Helping clients navigate residential, multifamily, rental, and investment real estate opportunities across New Jersey. We are committed to providing equal housing opportunity and fully support the principles of the Fair Housing Act.
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