A Michigan purchase agreement typically becomes binding when:
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The buyer signs
The buyer's signature merely constitutes an offer, not a binding agreement. The seller has the right to accept, reject, or counteroffer. No contract exists until acceptance occurs.
The seller accepts and communicates acceptance to the buyer
The earnest money is deposited
Earnest money is typically deposited after the contract is formed and serves as evidence of the agreement's existence, not its creation. It's consideration, not the formation element.
The home inspection is complete
A home inspection is a contingency that may be waived but is not required for contract formation. The contract exists before inspection occurs, subject to contingency removal.
Why is this correct?
In contract law, a binding agreement requires mutual assent. The seller's acceptance communicated to the buyer completes this agreement, creating legal obligations. This follows the 'mirror image rule' where acceptance must match the offer terms.
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