2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 33 - Administration and Personal Representatives
3390 - Specific performance of contracts.

     § 3390.  Specific performance of contracts.
        (a)  Application to court.--If any person makes a legally
     binding agreement to purchase or sell real or personal estate
     and dies before its consummation, his personal representative
     shall have power to consummate it, but if he does not do so, the
     court, on the application of any party in interest and after
     such notice and with such security, if any, as it may direct, in
     its discretion, may order specific performance of the agreement
     if it would have been enforced specifically had the decedent not
     died.
        (b)  Execution and effect of deed or transfer.--Any necessary
     deed or transfer shall be executed by the personal
     representative or by such other person as the court shall
     direct. The title of any purchaser under an agreement in which
     the decedent was the vendor shall be the same as though the
     decedent had conveyed or transferred such property in his
     lifetime.
        (c)  Indexing in judgment or ejectment and miscellaneous
     indexes.--When any petition for specific performance of an
     agreement to purchase or sell real estate is filed, the
     prothonotary of the court of common pleas where the real estate
     or any part of it lies, upon the receipt of a certificate of
     such fact by the clerk of the court where the petition was
     filed, shall enter the petition upon either the judgment or
     ejectment and miscellaneous indexes against the defendants as
     directed by local rules of court and shall certify it as lis
     pendens in any certificate of search which he is required to
     make by virtue of his office.

        Cross References.  Section 3390 is referred to in section
     5521 of this title.

Disclaimer: These codes may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.