What should I do if I haven’t received written confirmation of an accepted offer? – North Carolina

Short Answer

In North Carolina, a home sale is not binding until the offer and acceptance are in writing and signed by the parties. Oral acceptance or a verbal “we accepted” does not create an enforceable contract for the sale of land. All co-owners who hold title must sign the contract (and later the deed). Electronic signatures can work if the parties agree to transact electronically, but get a fully executed copy before taking next steps.

Understanding the Problem

North Carolina real estate sellers often ask: can a reported acceptance move a co-owned home sale forward without written confirmation? Here, the actors are co-owners of a residential property in North Carolina. The requested action is to confirm a buyer’s “accepted” cash offer and understand next steps toward closing. The key trigger is that acceptance has been reported, but no written confirmation has been delivered.

Apply the Law

North Carolina law requires a signed writing for contracts to sell land. Acceptance must mirror the offer and be communicated. In co-owned property, every record owner must sign the contract and, at closing, the deed. The transaction typically becomes effective on the date the last party signs and the acceptance is communicated; deadlines in the contract (like due diligence or settlement) run from that effective date. Electronic signatures are generally recognized if the parties consent to conduct the transaction electronically.

Key Requirements

• Written, signed agreement: A land sale contract must be in writing and signed by the party to be charged; verbal acceptance is not enforceable.
• Clear acceptance and communication: Acceptance must match the offer, be signed, and be delivered; changes create a counteroffer.
• All co-owners must sign: Each record owner must sign the contract and later the deed to convey marketable title.
• Effective date starts the clocks: Deadlines in the contract run from the date the last party signs and acceptance is communicated.
• Electronic signatures: E-signatures and emails can satisfy the writing/signature requirements when the parties agree to transact electronically.

What the Statutes Say

• North Carolina Gen. Stat. § 22-2 (Statute of Frauds for land) – Contracts to sell or convey land must be in writing and signed.
• North Carolina Gen. Stat. § 47-18 (Connor Act) – Recording protects deeds and related instruments against third-party claims; relevant at closing.
• North Carolina Gen. Stat. § 66-311 (Electronic transactions definitions) – Defines key terms for electronic records and signatures under North Carolina’s electronic transactions law.

Analysis

Apply the Rule to the Facts: The reported acceptance of a cash offer does not bind the sale without a signed writing. Because the property is co-owned, each co-owner must sign the same contract (or counterparts) and the buyer must receive the communicated, fully executed agreement. Until written acceptance is delivered, no contract deadlines run and a closing attorney will not proceed with title work or deed preparation.

Process & Timing

1. Who files: The listing agent or a real estate attorney circulates the final Offer to Purchase and Contract for signatures by all sellers and the buyer. Where: Typically by email or an e-signature platform; paper signatures are also acceptable. What: The final offer and signature pages showing all parties’ signatures. When: Promptly—deadlines run from the effective date when the last party signs and acceptance is communicated.
2. After execution, the escrow agent receives any earnest money per the contract, and the closing attorney opens the file, orders the title search, and coordinates payoff and closing logistics. Timelines vary by county and contract, and attorney title work commonly takes days to a few weeks.
3. At closing, all record owners sign the deed and seller documents. The closing attorney records the deed with the Register of Deeds and disburses funds once recording is confirmed.

Exceptions & Pitfalls

• Oral or text/email “we accepted” without the signed contract is not enforceable for a land sale.
• If any co-owner fails to sign, the contract may not be enforceable against that owner, and marketable title cannot be conveyed.
• Changes on a signature page (price, dates, fixtures) create a counteroffer; ensure the final version is the one all parties sign.
• Electronic signatures are generally valid only if the parties consent to transact electronically; confirm the platform and consent in the contract.
• Offer expiration windows matter; a late attempted acceptance may be ineffective unless the buyer renews the offer.
• Keep version control: circulate and store the fully executed contract in one place; the closing attorney will rely on that document.

Talk to a Real Estate Attorney

If you’re dealing with an accepted offer but no signed confirmation, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.