On April 3, the New Jersey Supreme Court adopted New Jersey Realtors®’ position that the attorney-review provision should be modified to remove telegrams and include emails, faxes and overnight delivery as methods to send the notice of disapproval to the brokers. In its Opinion, the court also deleted certified mail as a means to send the notice of disapproval. In addition, the court held that the notice that was sent in this case was effective. Finally, the court did not address the issue of retroactivity of its decision.
New Jersey Realtors® is in the process of updating the Contract of Sale, Form 118, and the Residential Lease, Form 125, to reflect the new language. Members will be notified of when the changes to the attorney–review provision have been made.