Comparisons
Attorney Review vs Inspection Negotiation
Two separate post-contract processes that run in parallel. Different purposes, different work, both managed by the buyer's attorney.
Attorney review and inspection negotiation are two separate post-contract processes that run in parallel in most Illinois residential real-estate transactions. They serve different purposes and require different attorney work.
Side-by-side comparison
| Topic | Attorney Review | Inspection Negotiation |
|---|---|---|
| Purpose | Modify the legal terms of the contract | Negotiate repair, credit, or termination based on inspection findings |
| Standard window | 5 business days after contract signing | 5–10 business days after contract signing (varies by contract) |
| Who initiates | Either attorney can propose modifications | Buyer (after inspection) initiates |
| Typical buyer-side issues | Inspection contingency drafting, financing terms, escalation review, possession terms | Roof, HVAC, electrical, plumbing, structural, environmental findings |
| Typical seller-side issues | Tax-proration calculation, possession-after-closing terms | Push back on inspection demands; negotiate scope of repair vs. credit |
| Termination outcome | Either side can declare contract null and void; earnest money returned | Buyer can terminate based on findings; earnest money returned |
| Can be extended | Yes — by written mutual agreement | Yes — if inspection cannot be completed in standard window |
| Adam personally handles | Yes — every contract review | Yes — every inspection-response negotiation |
How they interact
In a typical Illinois transaction, the contract is signed on Day 0. The 5-business-day attorney review window starts on Day 1 and ends on Day 5 (excluding weekends and federal holidays). The buyer schedules the inspection during this period — often Day 2 or Day 3 — and the report arrives Day 4 or Day 5.
The buyer's attorney then has to package both attorney-review modifications AND inspection-response demands into a single coherent submission to the seller's attorney before the attorney-review window expires. This is where coordination matters: the inspection findings inform the inspection contingency drafting, the financing terms, and the closing-credit structure.
When the inspection turns up significant findings, the parties often agree in writing to extend attorney review by 3–5 additional business days to allow proper negotiation. The seller's attorney evaluates each finding, the seller decides on each (repair, credit, or refuse), and the buyer's attorney counter-proposes if necessary. This is the negotiation phase that determines whether the deal closes and on what economic terms.
Common questions
What's the difference between attorney review and inspection negotiation?
Attorney review is a 5-business-day window after contract signing for both attorneys to propose modifications to the contract itself. Inspection negotiation is a separate process — usually 5 to 10 business days after contract signing — for the buyer to obtain a property inspection and negotiate repairs, credits, or contract termination based on findings. They run in parallel and can overlap.
Do they happen at the same time?
Often, yes. Attorney review is 5 business days; inspection contingency is typically 5–10 business days. The inspection report often arrives during attorney review, and inspection-related modifications become part of the attorney-review package. The buyer's attorney coordinates the two processes.
Who handles which?
The buyer's attorney handles both, but they're different work. Attorney review is contract-modification work — redlining the legal terms. Inspection negotiation is response-to-findings work — based on the inspection report, drafting requests for repair, credit, or price reduction. The seller's attorney responds to inspection demands and counter-proposes.
What if the inspection finds a deal-breaker?
The buyer's attorney can declare the contract null and void during attorney review based on inspection findings, or invoke the inspection contingency to terminate. Either path returns the earnest money. The mechanism used depends on contract language and timing.
Can attorney review be extended for inspection?
Yes, by written mutual agreement. If the inspection cannot be completed within the standard window, the parties can agree to extend attorney review to allow inspection results to be incorporated. This is common for complex inspections (older homes, environmental concerns, structural issues).
Time-sensitive question about your contract?
Attorney review and inspection windows are short. Adam can typically engage same-day during business hours.
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