You will have a binding contract if the seller, upon receiving your written offer, signs an acceptance just as it stands, unconditionally. The first point to be noted from Clark's succinct definition is that an offer must be something that will be converted into a contract once accepted.There are three fundamental requirements for the formation of a legally enforceable contract, and they are as applicable online as offline. Simply put, our agent said that it doesn't matter if a binder is in place, because other offers can still be made and accepted during this time. Identify elements of contract (offer, acceptance, consideration). 2. Recognize that this advertisement was an offer. 2. 3.