When does an Offer to Purchase and Contract become valid?

An Offer to Purchase and Contract becomes valid upon communication of acceptance to the offeror. This means that the moment the offeree (typically the seller) communicates their acceptance of the terms of the offer to the offeror (the buyer), the contract is legally binding. The legal principle here is that a contract requires mutual assent, which is established when the acceptance is effectively communicated, regardless of whether the signed documents or earnest money have been exchanged.

While signing and depositing earnest money are important aspects of the transaction process, they do not determine the validity of the contract itself. The essential moment of forming a valid contract hinges on the clear acceptance of the offer by the other party, establishing an agreement between the two parties.