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. The general rule is that an offer and acceptance need not be in writing to be binding unless a law specifically requires it.EX: If the offeree responds "I accept, but only if you repaint the car red. " There is no acceptance of an offer. No, there is not an enforceable contract between English and Montgomery. According to the mirror image rule, an offer and acceptance must be identical. Offer and acceptance together form mutual assent. A late offer may not be accepted and must be automatically rejected. English sued Montgomery for specific performance of the contract. Montgomery defended, arguing that the mirror image rule was not satisfied.