Signed, Sealed, and Delivered?

Reading Time: 4 minutes

You’ve probably heard the phrase: “signed, sealed, and delivered.”

And when it comes to real estate offers, that last step — delivered — is the one that really matters.

Let’s look at a scenario:

A buyer submits an offer with an irrevocable of 8:00 p.m.

The seller signs at 7:59 p.m.

But the listing agent doesn’t send it back to the co-op agent until 8:05 p.m.

Is the deal binding?

No, it’s not.

Acceptance Has Two Parts

1. Signing — the offeree signs the APS.
2. Communicating — the acceptance must be delivered back to the offeror before the irrevocable expires.

Without both steps, there’s no contract.

What Counts as “Communicating”?

Clause 3 — Notices — in the standard Agreement of Purchase and Sale makes it clear:

Acceptance is deemed given and received when it’s:

• Hand-delivered to the Address for Service,
• Sent to the fax number listed, or
• E-mailed to the address listed.

Anything short of this doesn’t work.

A conversation about “planning to accept” is not enough. A text saying “we’ll send it later” is not enough.

The notice of acceptance must be in writing — and it must be delivered.

Why Timing Matters

In real estate, timing triggers everything:

• Deposits are due “within 24 hours of acceptance.”
• Conditions run from the moment of acceptance.

Acceptance = Signed + Delivered.

And if acceptance is ever contested — say one side changes their mind — you need to be able to prove it happened in time.

The safest way?

• Use an e-signing platform like DocuSign so you have a receipt with the exact time of signing.
• Pair it with an email delivering the signed APS, timestamped before the irrevocable deadline.

That way, if anyone questions whether the offer was validly accepted, you’ve got clear evidence of both steps.