Adopted April 26, 1955 · Last amended August 8, 2023 · Last verified June 30, 2026
In one sentenceRule 1572 governs a partition sale open beyond the parties, conducted as the court directs and subject to the court's power to order a resale for inadequacy of price.
(a)A sale not confined to the parties shall be conducted in such manner and upon such terms as the court shall direct by local rule or in the order of sale. It shall be subject to the power of the court to order a resale because of inadequacy of price.
(b)A public sale shall be held at such time and place as the court may direct. It shall be advertised in each county where any part of the property lies.
(c)A purchaser who is a party or a lien holder whose lien is discharged by the sale shall be allowed a credit equal to the amount of his or her distributive interest in the purchase price, less any charges assessed against him or her. The excess of the bid shall be paid in cash.
(d)If the court directs a hearing officer to conduct the sale, the hearing officer, before accepting payment for the property, shall file a bond in double the amount of the payment or in such lesser amount as shall be fixed by the court.
End
Plain-English Summary
When the property is sold to the wider market, this rule controls how. The sale not confined to the parties is conducted on the terms the court sets by local rule or order, and the court keeps the power to order a resale if the price is inadequate — a backstop against a sale that shortchanges the owners.
Frequently Asked Questions
How is a partition sale to outsiders conducted?
As the court directs by local rule or order, subject to the court's power to order a resale for inadequacy of price.
Amendment History
The provisions of this Rule 1572 adopted April 26, 1955, effective November 1, 1955; amended November 14, 1978, 8 Pa.B. 3410; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2274, amended August 8, 2023, effective October 1, 2023, 53 Pa.B. 5108. Immediately preceding text appears at serial page (302504).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as:sale not confined to partiespartition resaleinadequate price resale