2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 33 - Administration and Personal Representatives
3360 - Contracts, inadequacy of consideration or better offer; brokers' commissions.

     § 3360.  Contracts, inadequacy of consideration or better offer;
                brokers' commissions.
        (a)  Inadequacy of consideration or better offer.--When a
     personal representative shall make a contract not requiring
     approval of court, or when the court shall approve a contract of
     a personal representative requiring approval of the court,
     neither inadequacy of consideration, nor the receipt of an offer
     to deal on other terms shall, except as otherwise agreed by the
     parties, relieve the personal representative of the obligation
     to perform his contract or shall constitute ground for any court
     to set aside the contract, or to refuse to enforce it by
     specific performance or otherwise: Provided, That this
     subsection shall not affect or change the inherent right of the
     court to set aside a contract for fraud, accident or mistake.
     Nothing in this subsection shall affect the liability of a
     personal representative for surcharge on the ground of
     negligence or bad faith in making a contract.
        (b)  Brokers' commissions.--When a personal representative
     shall enter into an agreement of sale of real estate in good
     faith, which is not binding under subsection (a) of this section
     and which is set aside upon receipt of a higher offer for such
     real estate, he shall not be relieved from the payment of real
     estate broker or broker's commissions to the broker who had
     procured such agreement of sale, and in the event that more than
     one real estate broker is entitled to commissions for said
     agreements of sale, then such commissions shall be equally
     divided between or among such real estate brokers: Provided
     further, That the total aggregate commission paid as a
     percentage of the gross consideration of the final sale shall in
     no event exceed a fair commission for a single sale of the
     property involved.
     (Dec. 10, 1974, P.L.867, No.293, eff. imd.)

        1974 Amendment.  Act 293 amended subsec. (b).
        Cross References.  Section 3360 is referred to in sections
     5153, 5521 of this title.