Signed, sealed, and delivered... only then is it executed. Deposit of earnest money is a term of the contract that usually will need to be performed after or with execution. 

both parties must sign. both must know it has been signed. the earnest money must be "cleared" into an acount before it is a DEAL

I would not accept it from an agent, perhaps from the Seller themselves.  Always get the Sellers' signatures, online or wet.

That would be a foolish email for the agent to send.

I would check with a lawyer, but is seems that the agent should not be considered a principle in the transaction.

Daniel - Here in Arizona, the contract has to be signed by both parties, and after the seller has signed all proper paperwork, it needs to also be delivered to the buyer, fully executed, in order for it to be enforceable.

No, it has to be signed to be enforceable.

No signature, no contract.

No. We can use verified emails to show agreement about handling repairs or some minor changes that don't require amending the Purchase Contract but not to prove contractual agreement.

I would think that an email is not enforceable unless the contract is signed by both parties.

I am not a lawyer, but my understanding is that in order for a contract to be enforceable, it has to be signed AND delivered.

What is overlooked here is that the agent has to be a REAL representative of the person in order to bind them.  If that agent is just a facilitator, transaction broker, or non fiduciary representative, their e-mail means absolutely nothing.

Eve

PS:  Florida is a "Statute of Frauds" state which means it must be in writing in order to be enforcable...does that mean an e-mail is good enough?  Dunno...if it is for real, the seller would be signing before you would be enforcing.

Daniel Hayes No, until the document is accepted by all parties with signatures and initials, it is not enforceable.

No as all contracts must be in writing to be enforecable and that is clearly written into our contraact.

You don't want to go down that road. Give them a deadline and if they do  not meet move on.

This is not a question of whether it is accepted by the client or by the brokerage, it is a question of law.  Was there a meeting of the minds?  Was the deposit check negotiated?  These are all things that a judge will likely look at since it appears that the offer was in writing.

It has to be signed and then communicated...

Verbal committments are not binding in court in Michigan. It must be in writing.  It may be unpalatable when people say one thing and do another, but it does happen for a variety of reasons.

No it would not be enforced until it's signed by all parties.

"Accepting an offer" probably won't be enforcable as a contract in court. Sellers would have to sign then deliver it back to address specified to be considered a ratified contract.

I'm not an agent, but I would guess no.  While people sometimes say, "a verbal agreement is legally binding, " in the eyes of the law, it would be "hearsay."

In this case, there was no verbal agreeement between buyer and seller, only hearsay between agents.

of course, I'm not an agent nor a lawyer...just using legal logic.

No.

No it must be signed by both parties....  it is too easy to get signatures these days... always have them sign on the dotted line... even if it is docusign! 

Yes. Read the contract law about “express contracts”. The California Civil Code specifically prohibits certain contracts from being oral-they must be in writing. But, with those exceptions, a verbal contract can be enforced in here, even it would be hard to prove if one side will back up. 

Refer to the Statute of Frauds for your answer.