Detailed Answer — How private sales and commissioner appointments work in Pennsylvania partition actions

Short answer: Yes — you can ask a Pennsylvania court to appoint a commissioner (often called a master, auditor, or commissioner depending on local practice) to carry out a private sale in a partition action, but the court must approve both the appointment and the method of sale. The court’s primary duty is to protect the interests of all co‑owners and creditors, so it will only authorize a private sale when the process, price, and safeguards are fair, transparent, and in the best interest of the estate.

Why the court’s approval matters: A partition action is an equitable proceeding in the Pennsylvania court of common pleas. The court decides whether property should be divided physically (“partition in kind”) or sold and the proceeds divided. When sale is necessary or advisable, the court controls the manner of sale to ensure co‑owners receive a fair return. That control includes approving a private sale and appointing a neutral official (commonly called a commissioner or master) to carry out the sale steps required by the court order.

Typical steps to request a commissioner and private sale

1. File your partition complaint or a motion in the pending partition case asking the court to order sale and to approve a private sale to a specific buyer (or to allow sale by private contract generally).
2. Provide the court with supporting evidence: a bona fide purchase agreement (or a proposed form of agreement), a recent appraisal or market evidence of value, disclosures about related‑party transactions, and proof of notice to all parties and lienholders.
3. Ask the court to appoint a commissioner (or name a proposed commissioner) and describe the commissioner’s duties — e.g., collect deposits, obtain title work, coordinate closing, pay liens and costs, and report back to the court with the sale accounting.
4. Give all co‑owners and known lienholders proper notice and an opportunity to object or bid. The court may hold a hearing to evaluate fairness, interest of co‑owners, and any objections.
5. If the court approves the private sale, it will enter an order appointing the commissioner and setting conditions (for example, minimum sales price, escrow requirements, verification of good title, distribution priorities, and a requirement that the commissioner file a final report and proposed distribution with the court).
6. After the sale, the commissioner files a report/accounting. The court reviews it and issues a final decree distributing proceeds after costs, liens, and taxes are paid.

What courts look for before allowing a private sale

Pennsylvania courts generally will allow a private sale only if the court is satisfied that:

• The sale is made in good faith and not to defraud other co‑owners.
• The sale price is fair and supported by appraisal or market evidence.
• All co‑owners and known lienholders have received notice and had an opportunity to object or to bid at a court‑approved sale process.
• The proposed commissioner is neutral or sufficiently qualified to carry out the sale and account for proceeds properly.
• Protections are in place (escrow, deposit, title evidence) so the sale can close and the court can distribute proceeds fairly.

Practical points and county variation

Practice and terminology vary by county. Some courts routinely appoint an auditor or commissioner to handle sales; others insist on a public court‑directed sale unless all owners consent in writing. Local rules of civil procedure, local practice, and case law guide how strictly a court will scrutinize a private sale. For procedural rules and local guidance, consult the Pennsylvania Rules of Civil Procedure and your county court’s rules and standing orders: https://www.pacourts.us/rules-and-policy/rules-of-civil-procedure.

References and where to look next

Pennsylvania cases and county procedures govern many details of partition practice. The Unified Judicial System of Pennsylvania maintains the statewide civil rules (link above). For specific statutory or local rules that may apply in your county, check your county court of common pleas web pages and local rules. If your case involves specific liens (tax liens, mortgagees, or mechanic’s liens), separate statutory requirements may affect the court’s ability to approve a private sale or the order of payments from sale proceeds.

Important: This article summarizes typical practice under Pennsylvania law and does not replace advice tailored to your facts. Consult a local attorney before asking the court to approve a private sale or appoint a commissioner.

Helpful Hints — What to prepare before asking the court for a private‑sale commissioner

• Prepare a copy of the signed purchase agreement or a proposed form of contract showing price, deposit, contingencies, and closing date.
• Get a current appraisal or two comparative market analyses to support the sale price.
• Gather title information: existing mortgages, liens, judgments, and a proposed title commitment so the court can see what must be paid from proceeds.
• Identify and give formal notice to all co‑owners and known lienholders. The court will expect proper notice before approving a private sale.
• Propose a qualified neutral commissioner (attorney, title company, or trust company) and include a proposed scope of duties and fee arrangement for the court to approve.
• Consider escrow protections: deposit into a court‑approved escrow account or require a buyer’s good‑faith deposit to protect sellers and co‑owners.
• Be ready to explain why a private sale is preferable (e.g., speed, fewer costs, buyer’s willingness to pay more than expected net sale price) and how the sale maximizes value for all owners.
• Expect the court to require a final commissioner report and a hearing before issuing a final decree distributing proceeds.

When to get a lawyer

If multiple co‑owners oppose the sale, liens are complex, a related party is the buyer, or the transaction requires special distribution orders, you should consult a Pennsylvania attorney experienced in partition and real‑property litigation. An attorney will draft the petition or motion, prepare notice, propose appropriate safeguards, and present the matter at hearing.

Disclaimer: This is general information only and is not legal advice. It does not create an attorney‑client relationship. For advice about your particular situation, contact a licensed Pennsylvania attorney.