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ContractsContingenciesMEDIUM

Angela signed a purchase contract for a home in Ocean County that included a standard attorney review clause. Her attorney sent a disapproval letter on the second business day after contract signing. The seller's attorney argues the disapproval was improper because the attorney review period had not yet expired and Angela had not stated a reason for disapproval. Which statement correctly describes the New Jersey attorney review rule?

Correct Answer

B) Angela's attorney may send a disapproval letter at any time within the three-business-day period without stating a reason.

Under New Jersey's attorney review provision, either party's attorney may disapprove the contract at any time during the three-business-day period — they do not need to wait until the period expires. Furthermore, no reason is required for the disapproval; the attorney may disapprove the contract for any reason or no stated reason at all. The disapproval letter simply cancels the contract and restores both parties to their pre-contract positions. This rule stems from the NJ Supreme Court's Weichert Realtors v. Ryan decision and subsequent practice.

Answer Options
A
Angela's attorney must wait until the full three-business-day period expires before sending a disapproval letter.
B
Angela's attorney may send a disapproval letter at any time within the three-business-day period without stating a reason.
C
Angela's attorney must state a specific legal reason for disapproval in the disapproval letter for it to be valid.
D
Angela's attorney may only disapprove the contract if the seller's attorney agrees to renegotiate the terms.

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Related Topics & Key Terms

Key Terms:

attorney_reviewdisapproval_letternj_contractsno_reason_required

Related Concepts

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

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