Key Takeaways

  • New Jersey contracts must meet all standard requirements including writing under the Statute of Frauds
  • The attorney review clause gives both parties 3 business days to have an attorney review the contract
  • During attorney review, either party can cancel or request changes without penalty
  • Earnest money deposits are held in the broker's trust account or attorney escrow
  • Time is of the essence provisions make contract deadlines strictly enforceable
Last updated: January 2026

New Jersey Purchase and Sale Agreements

Important: This content covers New Jersey-specific contract law. You should complete the National Real Estate Exam Prep first, as general contract principles are tested on the national portion.

Real estate contracts in New Jersey must meet all standard contract requirements plus New Jersey-specific provisions.

Standard Contract Requirements

For a valid New Jersey real estate contract:

RequirementDescription
Competent PartiesLegal age (18+) and mental capacity
Offer and AcceptanceMeeting of the minds
Legal PurposeTransaction must be lawful
ConsiderationSomething of value exchanged
Written FormStatute of Frauds requires writing
Legal DescriptionProperty must be identifiable

The Attorney Review Clause

New Jersey has a unique attorney review provision:

Standard Attorney Review Period

ElementDetail
Duration3 business days
TriggerAfter contract signing
Who can useBoth buyer and seller
PurposeLegal review of contract

During Attorney Review

Either party's attorney may:

  • Disapprove the contract entirely
  • Request modifications to terms
  • Approve the contract as written
  • Let the period expire (contract becomes binding)

Key Points About Attorney Review

RuleExplanation
Business days onlyWeekends/holidays don't count
Written notice requiredMust communicate in writing
Either party can cancelNo penalty during this period
Modifications negotiableOther party can accept or reject

Exam Tip: The attorney review period is one of the most frequently tested New Jersey topics. Know that it's 3 business days and either party can cancel during this time.

Contract Contingencies

Common Contingencies in New Jersey

ContingencyDescription
Attorney Review3 business day review period
Mortgage/FinancingBuyer must obtain loan approval
Home InspectionBuyer can inspect property
AppraisalProperty must appraise at value
Sale of Buyer's HomeBuyer must sell existing home

Financing Contingency

The financing contingency protects buyers:

  • Must apply for mortgage within specified time
  • Must make good faith effort to obtain financing
  • Can cancel if loan is denied
  • Must meet lender requirements

Inspection Contingency

ElementStandard Practice
Time periodTypically 5-10 days
TypesGeneral, termite, radon, etc.
Buyer optionsRequest repairs, credit, or cancel
Seller optionsAgree, counter, or refuse

Earnest Money

Handling Requirements

RequirementDetail
HolderBroker's trust account or attorney escrow
Deposit timingAs specified in contract
DocumentationWritten receipt required
DispositionPer contract terms or court order

Earnest Money Disputes

When buyer and seller dispute earnest money:

  1. Broker/attorney holds funds
  2. Cannot release without agreement
  3. May require court determination (interpleader)
  4. Broker cannot make independent decision

Contract Termination

Ways Contracts Can Terminate

MethodDescription
Mutual agreementBoth parties agree to cancel
Contingency failureCondition not satisfied
Attorney review disapprovalDuring 3-day period
Default/BreachOne party fails to perform
ImpossibilityContract cannot be performed
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New Jersey Contract Timeline
Test Your Knowledge

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Test Your Knowledge

What can an attorney do during the attorney review period?

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