The answer may depend on whether you are using the standard Offer to Purchase and Contract (form 2-T). In form 2-T, immediately above the buyer’s signature line, it states “This offer shall become a binding contract on the Effective Date.”, Binding offers are usually labeled “ FORM B ” and non-binding offers are labeled “ FORM NB ”. The type of offer form used is determined by the buyer’s agent who prepares the offer. As its name suggests, a binding offer is an enforceable contract for the sale of real estate., Many sellers are under the misconception that the offer to purchase is merely a formality and is unenforceable and not a binding contract. They further believe that a contract only forms when a purchase and sale agreement is executed by both the buyer and the seller., After you have made an offer to buy a house, the seller will either: reject the offer outright. Below, we'll describe how these various scenarios could play out, as well as when you're actually mutually bound to make the real estate transfer., A real estate contract becomes binding when it meets legal requirements, including mutual consent, offer and acceptance, consideration, lawful purpose, and is usually in writing to comply with the Statute of Frauds., Q: Does To be my offer to purchase have to be in writing? A: become binding contracts, enforceable, real estate your offer should be in writing and signed. sales contracts in North Carolina must be in writing. Since only written offers may Q: What At a minimum, should be.