Can a text be used to make or accept an offer to purchase a home?

If it is not in writing and signed by the Principals, it is not valid.  

The correct response from the buyer's agent to the listing agent's text would have been, "The buyer is on board, would you please send us a counter?"

If no written counter, then the conversation between buyer's agent and buyer could have been, "I got a text from the listing saying they would accept $200k with $5k contribution, but still haven't received a signed counter offer. Why don't we put those terms in an addendum and send it over for their signatures before they change their mind or get another offer?

Years ago my real estate class instructor told us over and over again “If it’s not in writing it doesn’t exist”.  That holds true in this situation - the sellers didn’t sign. When I give my word I stand by it but not everyone done that

In South Carolina, text message is not considered "writing" for real estate, and agents have no requirement for record retention of text messages.  Verbal offers are of course non-binding.  Best to put it on paper where there can be signatures (or esign) from all parties.

Not in writing and signed by the seller, is not a valid contract.  

I'm in Georgia, and per my broker, we are not allowed to accept a text as "in writing".   When emailing, I have this notice at the bottom of my signature: 

E-mails sent or received shall neither constitute acceptance of conducting transactions via electronic means nor create a binding contract until and unless a written contract is signed by the parties.

It was certainly very tacky and underhanded but not binding.  A text between agents is not a written contract.  It must be fully signed around by both the Buyer and Seller to be binding.  

Great comments!  Text does make things convenient, but signed contracts are the only things that are enforceable.  

Excellent topic to discuss. As a Mortgage Lender this information is worth knowing since my clients sometimes bring up these topics.

Nothing is firm until it is in writing. We often negotiate by email or text, but you do not have a valid contract until everyone signs on the bottom line. 

No because the seller didn’t sign anything.

Texting is Great for your record of what the other person/agent is saying. Not a valid contract. 

While a text is a good record of the communication, it's hardly a way of accepting an offer.  Where is the signature?

Unless it is signed manually or sent by Docu-Sign it is just an idea floating in text-land.

I don't know that it is a deal until it is signed, sealed and delivered. I had a situation where our offer was accepted but the seller couldn't sign it until Monday. I told the agent that I would be very unhappy if a better offer came in over the weekend and she took that one. It wasn't our fault that the seller couldn't sign until Monday so we expected them to honor their word. BUT they could have pulled the rug out from under us, I think. Thankfully, they kept their word and documents were signed on Monday.

You don't want to give up your hand, so maybe should negotiate over the phone.  But nay text outside of the contract doesn't matter as far as I'm concerned. 

No matter how low the offer may be, I ask for it in writing.

No matter how great the offer may be, I ask for it in writing.

I just did a class where one seller thought it was all about the money.

I knew he thought his house was worth somewhere North of 190,000.

I said, would you sell your home for 400,000? If so, indicate it on this paper, sign it, and I will  add in the terms and conditions.

He did ! This was just for instructional purposes.

I then told Him I would pay him  $400,000, at a rate of 10 dollars a day, paid monthly, until paid, with possession in 30 days.

He got the point.

I do not negotiate over text, but a lot of pp want to do it! Any initial offer should be in writing and signed, with terms very clearly written out.  Negotitation from there--nothing valid until both parties sign!  Anytime someone wants to negotiate via text, I back it up with an email

The vote is in,  no deal here,,,

It was fun to read through the responses - thanks for the question