PA Agreement of Sale Contingency Period (Form ASR)

The PA agreement of sale contingency period, in short: it's the number of days written in paragraph 13(A) of PAR's Form ASR, or 10 days if left blank, counted in calendar days from the Execution Date. If the buyer sends a written corrective proposal, a 5-day negotiation period follows, then the buyer gets 2 more days to decide.

More on this topic: Contract deadlines by state, every guide in one place.

This guide covers that period and the dates around it: day counting, the mortgage commitment date, the seller's disclosure, deposits and settlement. The current Form ASR is members-only, so paragraph references come from the Pennsylvania Association of Realtors' own legal articles and its Consumer's Guide; check the form date in your file. It's general information, not legal advice. Other states: see the deadlines in a purchase contract.

Key takeaways

• The contingency period is the days in paragraph 13(A), or 10 if blank, from the Execution Date, and one period covers every inspection.
• By its last day the buyer must give the seller a decision and copies of the reports: accept, terminate, or send a written corrective proposal.
• The 5-day negotiation period starts after the contingency period ends, not when the proposal arrives; then the buyer has 2 days to terminate.
• Days are calendar days: skip the Execution Date, count the last day, and don't roll weekends (paragraph 5(C)).
• Since September 1, 2025, paragraph 8(A) has three financing choices; the mortgage commitment date sits in its own row.

What is the contingency period in a PA agreement of sale?

It's the time the buyer has to finish the elected inspections and decide what to do about them. PAR's legal staff describe it as the number of days inserted in paragraph 13(A) of Form ASR, or 10 days if the blank is left empty. The same period applies to all the inspections the buyer elected in paragraph 12.

Two things are due by the last day: the inspections themselves and the buyer's decision, delivered to the seller with a copy of the reports. Answering early doesn't shorten anything: per PAR, the seller isn't “on the clock” until after the last day of the contingency period.

What can the buyer do before the contingency period ends?

1. Accept the property as the inspectors reported it.
2. Terminate the agreement and get the deposits back.
3. Send a written corrective proposal asking for repairs, a credit or a price change. PAR's Buyer's Reply to Inspections/Reports (Form BRI) can be used, but there's no required format.

If the seller agrees to everything in the proposal, the buyer must go ahead with the purchase. See the repair request process for how to write one.

How do the negotiation period and the buyer's two days work?

They run one after the other, each starting when the previous one ends. PAR's February 2023 article explains that after the end of the contingency period there's a five-day negotiation period (5 if not specified), and if there's still no written agreement when it ends, the buyer has two more days to decide whether to terminate. A proposal sent on day 6 of a 10-day period still starts the negotiation period on day 11.

During negotiations the buyer can't withdraw or amend the proposal or walk away (13(B)(3)(a)); the right to terminate comes back only after the negotiation period ends without agreement. The parties can always agree in writing to end the deal earlier. PAR says this structure has been in place since 2010, so older habits based on the proposal date are wrong.

How are days counted in a PA agreement of sale?

In calendar days from the Execution Date, the day the parties reached final agreement and signed, with every change initialed and dated. Paragraph 5(C) says days are counted “excluding the day this agreement was executed and including the last day”. PAR is clear that a weekend or holiday deadline isn't pushed to the next business day, and it advises against writing in business days; change the number of days instead.

The dates are illustrative; the executed agreement controls. More in calendar days vs business days.

When is the mortgage commitment date in Pennsylvania?

It's whatever date is written into the mortgage contingency box in paragraph 8. The revision released September 1, 2025 starts the paragraph with three choices in 8(A): Option 1, the buyer won't get mortgage financing (new); Option 2, waived, the sale isn't contingent on financing; Option 3, elected, the sale is contingent on financing under 8(H). Buyer default language now sits in 8(B), and the commitment date has its own row in the box.

Fill it in on every Option 3 contract: PAR warns that without a commitment date the seller may have no right to terminate when the buyer can't get the loan. A Greater Harrisburg Association of REALTORS article (August 2025) adds that under the contingency only the seller can terminate unilaterally. The paragraph also has an earlier deadline for submitting the mortgage application; take the number from your form. See also appraisal gap options.

When does the seller's property disclosure have to be delivered?

Before the agreement is signed. PAR's Consumer's Guide says Pennsylvania law requires the seller in most residential transfers of one to four units to make the disclosures before an agreement is signed, using the Seller's Property Disclosure Statement (Form SPD), with exceptions such as court-ordered transfers and transfers between spouses. For an existing condominium or planned community unit, the guide says the buyer gets five days to review the certificate of resale and may terminate if not satisfied.

What about deposits and the settlement date?

Deposit amounts and due dates are written into the agreement. PAR's guide notes a personal check is allowed only for a deposit paid 30 or more days before settlement; closer than that, it's a cashier's check or wire. Since March 1, 2026, PAR's Buyer's Request to Broker for Deposit (Form BRB) formalizes the written request in paragraph 26(C) for releasing a deposit. Settlement is a fixed date, time is of the essence, and PAR suggests picking one that avoids weekends and holidays. See the earnest money deadline.

What happens if you miss a deadline in a PA agreement of sale?

The right is waived. The agreement's waiver of contingencies paragraph means a buyer who misses the deadline to respond to inspections is treated as accepting the property with no repairs. Because time is of the essence, a missed date can also put a party in default, and a defaulting buyer can lose the deposit. See what happens if you miss a contingency deadline.

Which PAR forms go with these deadlines?

PAR's scheduled release dates are March 1 and August 1 each year, so check the date on the form in your file.

How do you track PA agreement of sale deadlines without missing one?

Record the Execution Date, the last change initialed, before anything else. Then list the contingency period, the negotiation period and the buyer's 2 days as separate deadlines, the mortgage application date, the commitment date and settlement. If the parties changed a preprinted number, use theirs.

In Closingbird, a 10-day contingency period is “10 days after acceptance” in calendar days, which counts the same way as paragraph 5(C): acceptance is day zero and the last day counts. PAR doesn't roll weekend deadlines, so no adjustment is needed. With default periods, the negotiation period is 15 days after acceptance and the buyer's 2 days end at day 17; add them only once a written corrective proposal goes out. The commitment date and settlement are written-in dates, so set a fixed date or use the closing date. Each owner gets a morning reminder. See deadline tracking.

Frequently asked questions

How long is the inspection contingency period in Pennsylvania?

The number of days written in paragraph 13(A) of Form ASR, or 10 days if left blank, counted from the Execution Date.

Does the PA agreement of sale use business days?

No. All deadlines are calendar days, and a deadline on a weekend or holiday isn't moved to the next business day.

When does the negotiation period start?

After the contingency period ends, even if the buyer sent the written corrective proposal earlier. It lasts 5 days unless another number is written in.

Can the buyer terminate during the negotiation period?

Not on their own. The buyer has to wait until the negotiation period ends without a written agreement, then has 2 days to terminate.

Is the day the agreement was signed counted?

No. Paragraph 5(C) excludes the day of execution and includes the last day of each period.

Run it in Closingbird

Upload a Pennsylvania agreement of sale, check the contingency dates Closingbird fills in, and give each deadline an owner who gets a morning reminder. Start a free trial (14-day free trial, no credit card required) or see pricing.

Related reading

• The deadlines in a purchase contract
• New Jersey attorney review period
• Illinois attorney review period
• Calendar days vs business days
• Deadline tracking in Closingbird

Sources

Checked in October 2026. Rules and prices change, and many vary by state, so confirm with the source, your state's real estate commission or your broker before you rely on them.

• Pennsylvania Association of Realtors: Inspection Contingency Review, by Desiree Brougher (October 18, 2019; Internet Archive capture, April 12, 2026)
• Pennsylvania Association of Realtors: How to Count, by Hank Lerner (February 24, 2023; Internet Archive capture, June 13, 2026)
• Pennsylvania Association of Realtors: Mortgage Contingency Update Coming Sept. 1, by Kacy Clouser (August 22, 2025; Internet Archive capture, April 10, 2026)
• Pennsylvania Association of Realtors: Webinar Recap: Standard Forms Update, by Kacy Clouser (February 16, 2026; Internet Archive capture, June 16, 2026)
• Pennsylvania Association of Realtors: Consumer's Guide to the Agreement of Sale, for the 2022 revisions to Form ASR (8/22; copy hosted by a broker)
• Greater Harrisburg Association of REALTORS: Contingencies – Mortgage and Inspection, by Daniel Jameson (August 2025)