Updated October 2026. State Real Estate Commission rules, Pennsylvania statutes and the Pennsylvania Association of Realtors forms pages checked on October 31, 2026.
A Pennsylvania FSBO agreement of sale is the written contract that sets the price, deposit, settlement date and contingencies. As of October 2026, the State Real Estate Commission’s rule for agreements (49 Pa. Code § 35.333) is the best checklist, with 10 core items for a home sale. Hand the buyer your signed seller disclosure before anyone signs.
Jump to: 📄 Which form · ✅ What to include · 💰 Deposit · 🔍 Contingencies · ⚖️ Attorney review · ❓ FAQ
Key takeaways
- The standard Pennsylvania Association of Realtors form exists, but access is mainly for members.
- Unless the home is zoned for single-family use, state the zoning. If an agreement drafted by a licensee leaves it out, the buyer can void it.
- Name a neutral holder for the deposit, such as a title company or an attorney, in writing.
- Decide who pays the transfer tax in the contract. The 50/50 split is a custom, not a law.
What is an agreement of sale in Pennsylvania?
It’s the purchase contract. Pennsylvania usually calls it an “agreement of sale,” but you’ll also hear purchase agreement, sales contract or articles of agreement. Whatever the name, it binds you to sell and the buyer to buy on the terms written down.
The Erie County Bar Association calls it the most important document you’ll sign in the whole sale. It sets the price, the deposit, what stays with the house, the settlement date, who pays the transfer tax, when the buyer gets the keys, what happens if someone backs out, and the contingencies. Put all of it in writing, signed by every owner and every buyer.
If you’re new to selling without an agent, our Pennsylvania FSBO guide shows where the contract fits. This page is only about the contract itself.
Can you use the standard Pennsylvania agreement of sale form?
There is a standard form: the Pennsylvania Association of Realtors’ Standard Agreement for the Sale of Real Estate, known as Form ASR. PAR describes it as a contract with commonly used clauses and the legal requirements for sales that involve real estate licensees.
The catch is access. PAR says its standard forms are generally reserved for members. Non-members can buy the whole forms library through a third-party vendor, but single forms aren’t sold. PAR’s consumer guide to the agreement is also a booklet for members to give their clients.
So most for-sale-by-owner sellers use one of three routes:
- Have a Pennsylvania real estate attorney draft the agreement or review one the buyer sends.
- Use the buyer’s agent’s PAR form when the buyer has an agent, and read every page.
- Start from a template, then have it reviewed before you sign.
Beycome sellers get free access to legal forms and disclosures in their dashboard. For how by-owner contracts work in general, see our for sale by owner contract guide.
What must a Pennsylvania agreement of sale include?
The Real Estate Commission’s rule, 49 Pa. Code § 35.333, lists what an agreement of sale must contain. It governs contracts in deals with real estate licensees. For an FSBO deal, it’s still the clearest checklist in state law. Here’s how it maps to a typical home sale.
| Term | What to write | Where it comes from |
|---|---|---|
| Date and parties | The date, and the full names of every seller and buyer | § 35.333(a)(1)–(2) |
| The property | Address, parcel number, legal description and what interest you’re selling | § 35.333(a)(3) |
| Price and payment dates | The price, the deposit schedule and the settlement date | § 35.333(a)(4)–(5) |
| Zoning | The zoning classification, unless it’s zoned only or mainly for single-family homes | § 35.333(a)(6) |
| Who holds the deposit | In a broker deal, the broker’s escrow account. In an FSBO deal, name a neutral holder | § 35.333(a)(8) |
| Road access notice | A statement that access to a public road may need a PennDOT highway occupancy permit | § 35.333(a)(10) |
| Mortgage contingency | Loan type, amount, maximum rate, minimum term and the deadline to get it | § 35.333(b) |
| “As is” clause | Any clause releasing you from defects, printed in bold | § 35.333(c) |
| Inspection clause | Who may inspect: a full member of a national home inspector group, an engineer or an architect | 68 Pa.C.S. § 7506 |
| Seller disclosure | That the buyer got your signed disclosure before signing | 68 Pa.C.S. § 7303 |
| Transfer tax split | Who pays what share of the state and local tax | Custom; negotiable |
| Fixtures and possession | What stays, what goes, and when the buyer gets the keys | Good practice |
Two items trip up by-owner sellers most. The first is zoning. Under the rule, leaving it out makes the agreement voidable by the buyer, with the deposit returned without going to court. The second is the bold “as is” clause. If you want one, make it stand out on the page.
Agreements drafted by licensees also carry broker items, like the Real Estate Recovery Fund notice and the broker’s role. Those don’t fit a deal with no broker, but you’ll see them on any PAR form a buyer’s agent sends you.
Who holds the earnest money in a Pennsylvania FSBO sale?
When a broker is involved, Pennsylvania’s rule says the broker holds deposit money in an escrow account until settlement or until the deal ends. With no listing broker, the contract has to name someone else.
Most by-owner sellers name the title company handling settlement, or an attorney. Write down who holds the deposit, the amount, when it’s due, and when it goes back to the buyer. That last part matters most if the deal falls apart. Many buyers prefer not to hand a deposit straight to a seller, and a neutral holder protects both of you. For more on how escrow works, see our escrow explainer.
Which contingencies belong in a Pennsylvania agreement of sale?
A contingency is a condition that lets one side walk away, usually with the deposit returned, if it isn’t met. Common ones in Pennsylvania:
- Financing. If the agreement depends on a mortgage, the Commission’s rule asks for the loan type, amount, maximum rate, minimum term and a deadline.
- Home inspection. If the buyer can inspect, state law says the inspector must be a full member of a national home inspection association, a licensed engineer or architect, or work under a full member who signs the report.
- Lead paint. For most homes built before 1978, the buyer gets 10 days to test for lead unless they waive it in writing.
- HOA resale certificate. In a planned community, the buyer can void the agreement until the certificate arrives and for 5 days after.
- Appraisal and sale of the buyer’s home. Optional, but common. Set clear deadlines.
Every contingency needs a date. Open-ended clauses are how deals drag on. Our guide on what to do after you accept an offer walks through the weeks between signing and settlement.
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Buy a home →Do you need an attorney to review your agreement of sale?
Neither the disclosure law nor the Commission’s rules we reviewed require one. It’s your choice. The Erie County Bar Association, for its part, says it’s important to have an attorney help, and suggests reviewing an offer’s terms with one before you accept it.
A review makes the most sense when the deal has unusual parts. Think seller financing, a rent-back, an estate or trust sale, a tenant in place, or a buyer’s agent’s form full of addenda. On a simple cash sale with a standard form, some sellers feel comfortable on their own. Either path is fair.
Want a person in your corner for the offer stage? With Beycome Concierge, a dedicated expert negotiates with you, always on your side, and you make every decision. Concierge isn’t legal advice, and it works alongside an attorney if you hire one. See the Concierge page.
What mistakes do Pennsylvania FSBO sellers make in the agreement of sale?
- Signing before the buyer has your disclosure statement.
- Leaving the transfer tax split blank, then arguing about it at settlement.
- Taking the deposit into a personal account with no written terms.
- Skipping the zoning statement when the home isn’t zoned only for single-family use.
- Using a template from another state that doesn’t match Pennsylvania law.
- Contingencies with no deadlines.
Selling in Ohio too, or comparing states? See our Ohio FSBO contract guide. When your Pennsylvania paperwork is in order, list on the MLS for $99 with $0 at closing. 22,000+ homeowners have used Beycome so far (Beycome internal data, October 2026).
More Pennsylvania guides: Flat Fee MLS Philadelphia (2026): 8 Bright MLS Plans Ranked, Flat Fee MLS Pittsburgh (2026): 8 West Penn MLS Options Ranked, Flat Fee MLS Allentown & Lehigh Valley (2026): 8 Plans Ranked, How to Sell Your Philadelphia House Without a Realtor (2026), How to Sell Your Pittsburgh House Without a Realtor (2026), How to List Your Pennsylvania Home on the MLS by Owner (2026), Pennsylvania Seller Disclosure Form: What Sellers Must Disclose (2026), Pennsylvania Realty Transfer Tax: Who Pays and How Much (2026), Do You Need a Lawyer to Sell a House in Pennsylvania? (2026).
Pennsylvania agreement of sale questions
Can I write my own agreement of sale in Pennsylvania?
Yes. No state law we reviewed requires a specific form. Use the Real Estate Commission’s list in 49 Pa. Code § 35.333 as a checklist, and consider an attorney review.
Can I get the PAR agreement of sale as a non-member?
PAR says its standard forms are generally for members. Non-members can buy the full forms library from a third-party vendor, but not single forms.
Who holds the deposit in a Pennsylvania FSBO sale?
Whoever the contract names. Most by-owner sellers choose the title company or an attorney as a neutral holder.
Does a Pennsylvania agreement of sale need the zoning classification?
The Commission’s rule requires it unless the property is zoned solely or mainly for single-family homes. Without it, the buyer can void the agreement and get the deposit back.
When does the seller disclosure have to be given?
Before the seller and buyer sign the agreement of sale. The law lists in-person delivery, mail, certified mail or fax.
Who pays the transfer tax in a Pennsylvania agreement of sale?
Whoever the agreement says. By custom, buyer and seller usually split it evenly, but the split is negotiable.
Is an attorney required for a Pennsylvania agreement of sale?
No rule we reviewed requires one. Some sellers hire one for a review anyway, especially for estate, trust or seller-financed sales.
Reviewed by Beycome Brokerage Realty LLC, licensed real estate brokerage (PA #RB070477). Licenses: beycome.com/faq/how-to/are-you-a-licensed-broker/.
Prices were read on beycome.com on October 31, 2026 and may change. In Pennsylvania, Basic is $99 and Enhanced is $399. Concierge is $999 until November 2, 2026 at 9 a.m. ET, then $1,399 (its list price). “$0 at closing” means no Beycome fee at closing. Transfer taxes, title charges, other closing costs and any buyer’s agent pay you agree to still apply.
49 Pa. Code § 35.333 governs agreements of sale in transactions involving real estate licensees; we use it here as a checklist for by-owner sales. Rule and statute text read October 31, 2026.
This is general information, not legal or tax advice. Rules change and local practice varies, so check with your title company or a Pennsylvania real estate attorney for your situation.
Sources
- 49 Pa. Code § 35.333, Agreements of sale: pacodeandbulletin.gov, read October 31, 2026.
- 68 Pa.C.S. Chapter 73 (Real Estate Seller Disclosure Law): legis.state.pa.us, read October 31, 2026.
- 68 Pa.C.S. Chapter 75 (Home Inspection Law), § 7506: legis.state.pa.us, read October 31, 2026.
- 68 Pa.C.S. § 5407 (planned community resales): legis.state.pa.us, read October 31, 2026.
- Pennsylvania Association of Realtors, Standard Agreement for the Sale of Real Estate and How to Access Standard Forms, read October 31, 2026.
- Erie County Bar Association, Selling a Home, read October 31, 2026.
- EPA, Real Estate Disclosures About Potential Lead Hazards, read October 31, 2026.
- City of Philadelphia, Realty Transfer Tax (split is custom, not law), read October 31, 2026.
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