The PAR Legal Hotline attorneys have talked to a number of you with variations of questions surrounding offer instructions or conditions, all of which basically boil down to “Can the seller side set conditions or instructions for offers?” and “Does the buyer side have to follow conditions or instructions that are conveyed?”  

The answer to most of those questions, of course, is “it depends.” But this is very much a “proceed with caution” situation that will depend heavily on context and details. This article covers some common concepts and scenarios, but be sure to check with your broker/manager for questions about specific transactional concerns. 

Setting Conditions or Instructions 

In general, a seller can set certain offer criteria based on their wants and needs. For example, if a seller has specific timing issues around when they are willing to vacate the property (e.g., not until after the end of a school year, or until their new home is built), they could tell buyers that they want that timeline reflected in any offers and that they’re not likely to accept an offer that doesn’t meet this criteria.  

What about the listing broker’s wants and needs? Can the listing agent or broker set certain offer criteria based on their business preferences or brokerage policies? The answer is maybe.  

While listing brokers may have certain established business preferences or internal operational rules, they should not pose them as a requirement without client input and consent. For example, let’s say a listing agent has gotten burned by buyers who get offers accepted and then walk away from the transaction without making their deposit. To combat this, the listing agent adds to the listing information, “All offers must include a certified check in the amount of the proposed deposit.” 

That might be a great idea, and it could be helpful to their seller clients. But it also might reduce the pool of potential buyers and could require a change to the default language in the Agreement of Sale. The listing agent could certainly explain this suggestion to the seller and seek their approval to include it as an instruction, but the agent should not unilaterally dictate an otherwise negotiable contract term on behalf of their client without that discussion and permission. 

Conditions vs. Contracts 

A number of our hotline questions involve conditions/instructions that are expressed to buyers in some way, but that require amended contract language to actually implement. Many relate to when initial deposits are accepted and/or how they are provided (e.g., brokers that don’t want to accept personal checks, only want wired funds, don’t want wired funds, etc.). 

Remember that default language about the format of payment is already part of the PAR Agreement of Sale, so if a seller and listing broker want to change those terms, the actual words of the contract will need to be changed (and initialed and dated) in order for the expressed preference to be binding. Or to put it another way, if the listing agent says “No personal checks” in the MLS but no one updates the Agreement, a buyer still has the contractual right to submit their initial deposit by personal check if it’s more than 30 days before the proposed closing date. 

Similarly, sellers will often include language asking for post-settlement possession or making notes about proposed personal property inclusions or exclusions that differ from what’s in the default language. If those terms are not included in the actual Agreement by amendment or addendum, they are not magically binding just because they were noted in the MLS. 

A Note on Regional Practices 

If you’ve been practicing in a certain marketplace for a certain amount of time, certain norms and common practices can start to feel like they are mandatory. For example, in some areas of southeastern Pennsylvania, it is very common to use the Buyer’s Financial Information Sheet (PAR Form BFI), which provides the seller with a picture of the buyer’s financial assets and liabilities. It’s not uncommon for listing agents to present Form BFI as a “requirement,” though there is no legal requirement to provide that information. If a buyer agent is presented with certain items as “required” conditions or instructions, it’s okay to ask whether it’s based on some legal or contractual rule, a client instruction or a brokerage policy … or if maybe it’s just “the thing we do around here.” As a listing agent, make sure you can accurately answer that question, as there could be disciplinary concerns if you present certain things as “requirements” that are not. 

Buyer Options – Following Instructions 

Buyers have discretion on whether or not they follow the conditions or instructions that are provided. For example, a buyer could refuse to accept modified contract language that limits deposits to wired funds, as they can choose what to include in their offer. That said, if it’s important to the seller, that refusal may substantially diminish the chances that their offer is accepted. Just like with any other contract terms, buyers should make the offer they want to make, and sellers should review it based on criteria that make sense to them. 

Presenting Offers 

What happens if offer instructions are published by the listing agent, but the offer that comes in does not follow them? Well, an offer is an offer. The Code of Ethics and Section 606.1 of RELRA require all Realtors® to present offers in a timely manner, unless the property is already under contract and a written waiver has been provided by the client. The PAR Listing Contract (Form XLS) contains this limited written waiver, but it is NOT a waiver that says listing brokers don’t have to present offers that don’t have terms the seller asked to be included in the final contract.  

If there is a concern that a buyer’s offer may not be presented to the seller, a buyer agent can transmit a Broker’s Request for Affirmation (PAR Form BRFA). The Code of Ethics says that a Realtor® who is asked (in writing) to affirm the submission of an offer must respond (also in writing) to say whether it was or it wasn’t held back because of a specific waiver. 

The Pennsylvania median home sales price rose year over year, hitting $315,000 in April. Median home sale prices have jumped nearly 19% since the start of the year and are up 3% YOY in the past three months. Last month, the price was up 7.4% compared to the same time last year and up 5% over March, according to the latest housing report prepared for the Pennsylvania Association of Realtors®.

Sales increased by more than 15% compared to the previous month, hitting over 9,400 in April. However, they fell 8% YOY.

Home prices have continued to rise this year in many markets throughout the commonwealth. Limited housing supply, steady buyer demand and homeowners staying in place longer have helped keep upward pressure on home prices.

The National Association of Realtors® reported existing-home sales increased by 0.2% month-over-month in April.

NAR Chief Economist Dr. Lawrence Yun said, “Inventory still remains tight. Multiple offers, though not as intense as a few years ago, are still occurring. At the same time, days on market are lengthening on average, implying that consumers are taking their time before making decisions.”

In Pennsylvania, the number of listings on the market is up from the previous month, although down compared to the same time last year. There were more than 40,000 listings in April, compared to 37,260 in March.

Across the commonwealth, the lowest number of listings is in the $125,000 to $374,999 range, with under four months of inventory. Homes listed below $125,000 and between $375,000 and $749,999 have more than four months of inventory, while homes listed over $750,000 have more than five months of inventory.

For homeowners, rising prices continue to build equity and strengthen familial wealth. For buyers, the market remains competitive, making it more important than ever to understand local conditions, pricing trends and negotiation strategies. We know that working with a Realtor® can help homebuyers navigate the changing real estate market trends.

The deadline to renew Pennsylvania real estate licenses is less than two weeks away. 

All real estate licensees must renew their license through the Pennsylvania Licensing System (PALS) by Sunday, May 31, 2026. The Pennsylvania State Real Estate Commission emailed licensees to notify them that renewals must be completed online by the deadline. If you miss the May 31 deadline, the SREC considers your license expired and you must cease practice immediately or be subject to possible discipline. 

For the renewal process, remember: 

• Agent renewals can’t be completed until their broker’s license is renewed. 
• Update your profile. Log in to PALS and make sure your information is correct. 
• Complete your 14 hours of continuing education. All licensees must complete the 14-hour CE requirements prior to renewing their licenses. CE requirements are different depending on when your license was issued. Those who do not have copies of their transcripts should contact the schools where they took their courses.
• New agents should create an account in PALS. New licensees are required to take specific classes for their first continuing education cycle. 

View PAR’s real estate license renewal resource page for more details about the renewal process.  

Some Realtors® might pop champagne with clients when a deal closes, but Carey Smith has established an additional business popping bottles alongside her real estate career. 

In 2023, she opened the Magic 5 Wine Bar in downtown Bloomsburg. After launching her Magic 5 Wine winery, the bar felt like a natural next step.  

“I’ve always been passionate about community and creating spaces where people can gather, connect and enjoy themselves,” Smith, a member of the Central Susquehanna Valley Board of Realtors®, explains. “As a Realtor®, I’m deeply rooted in our local market, and I saw an opportunity to bring something different to Main Street – something a little more elevated but still welcoming and approachable.” 

“The wine bar has allowed us to take what we were doing at the winery and bring it into the heart of downtown. It’s become a place where people come before dinner, after events or just to unwind – and that was exactly the vision from the start.” 

Does Smith’s career as a Realtor® play a role in her wine-related business? 

“Absolutely,” she says. “Both businesses complement each other more than people might expect.” 

“Real estate has given me a strong foundation in business, marketing and, most importantly, relationships. At the core of both careers is people. Understanding what clients want, creating experiences and building trust all translate directly into the wine bar.” 

“On the flip side, owning the wine bar has expanded my network and visibility in the community in a completely different way,” Smith adds. “I’m meeting people in a relaxed, social setting, which naturally leads to conversations and connections that often circle back to real estate.” 

“It also reinforces my brand as someone who is invested in the community – not just selling homes in it but actively contributing to its growth and energy.” 

What advice would she offer to other Realtors® who want to pursue a side hustle or non-real estate business endeavor? 

“First, make sure it’s something you’re truly passionate about. Real estate is already a demanding career, so your ‘side hustle’ has to energize you, not drain you.” 

“Second, build systems! You cannot do everything yourself. Both of my businesses run successfully because I have incredible people around me and clear expectations in place.” 

“Third, don’t be afraid to leverage your real estate skills. As Realtors®, we already know how to market, negotiate, manage time and build relationships. Those skills transfer into any business.” 

“And finally, stay intentional,” Smith adds. “Your reputation carries across everything you do. If you’re going to step into another venture, make sure it aligns with your brand and the level of service you’re known for.” 

“At the end of the day, both real estate and the wine industry come down to the same thing – creating experiences for people and being part of the moments that matter in their lives.” 

Tomorrow is Pennsylvania’s primary election – don’t forget to get out and vote! 

Polls are open from 7 a.m. to 8 p.m. Registered voters can find their polling place online and research the names that will appear on their ballots. 

PAR also has a helpful RPAC Election Guide, which highlights candidates endorsed by the Pennsylvania Realtors® Political Action Committee. 

As Realtors®, it’s our responsibility to make our voices heard and vote for candidates who support Realtor® initiatives and are dedicated to advocating for affordable, attainable housing. I’ve made my plan to get out and vote tomorrow, and I encourage all my fellow Realtors® and real estate professionals to do the same. When we work together, we can elect officials who will positively shape our industry, our businesses and our communities. 

Every vote counts. Cast yours tomorrow. 

The Asian Real Estate Association of America is a national trade organization composed of real estate professionals from all backgrounds who are committed to advocating for Asian Americans, Native Hawaiians and Pacific Islanders (AANHPI) throughout the homebuying process. 

“AREAA is dedicated to promoting sustainable homeownership opportunities in Asian American communities by creating a powerful national voice for housing and real estate professionals that serve this dynamic market,” their mission statement says. 

One of the organization’s biggest achievements since its founding in 2003 was its #NOOTHER campaign, which successfully persuaded the U.S. Census Bureau to track and include Asian housing data as a standalone category in its quarterly reports on homeownership by race and ethnicity. 

Annually, AREAA produces The State of Asia America Report, dedicated to sharing the latest and most important trends in homeownership within the AANHPI community.  

AREAA is currently the largest AAPI organization in North America and has 47 local chapters comprised of over 19,000 members across the United States and Canada. 

This includes AREAA Greater Philadelphia, which won the Chapter of the Year award at the 2025 Best of AREAA Awards. The local chapter was also named the Nonprofit of the Year in 2024 by the Asian American Chamber of Commerce. 

“With over 150 local members serving the Greater Philadelphia region, AREAA Greater Philadelphia serves the diverse Northeast region, uniting housing and real estate professionals from various backgrounds,” says Minh Nguyen, 2026 chapter president. “Our chapter provides educational and networking opportunities to help members advance their careers while supporting AANHPI communities. We equip members with essential tools, training and information across real estate, mortgage and related sectors to promote sustainable housing.” 

“AREAA Greater Philadelphia members also benefit from access to major national events like the Diversity Fair Housing Summit and the National Convention. Locally, we proudly host events focused on affordable housing, sustainable development, market insights, continuing education, professional networking and policy advocacy.” 

“The leadership of AREAA Greater Philadelphia is committed to advancing the AANHPI community in real estate,” Nguyen adds. “Rose Hanh Yuan, the founder and first president, set the foundation for success from 2023 to 2024. Benjamin Wong followed, leading the chapter in 2025 and expanding its reach and impact. This year, we plan to bring fresh perspectives and dedication to furthering the chapter’s mission of advocacy, education and community support.” 

AREAA is open to all real estate professionals committed to advocating for AANHPI homeownership opportunities. Learn more and join AREAA. 

As the weather warms after a cold and snowy Pennsylvania winter, it might be time for homeowners to start planning their gardens. Nationwide, 91% of homeowners plan to grow something this year, says a survey by Modern Pest Services. 

The top types of gardens planned include: 

1. Vegetable (68%) 
2. Flower/ornamental (68%) (tie)
3. Herb (42%) 
4. Fruit (31%) 

Additionally, the survey found: 

• 81% prefer eco-friendly pest control for plants
• 53% plan to use natural fertilizers
• 52% plan to compost food or yard waste
• 44% will plant native plants 

Top pest- and wildlife-related garden concerns this year include squirrels and chipmunks (43%), aphids (36%), rabbits (36%), caterpillars/hornworms (31%) and slugs/snails (29%). 

With warm weather and gardens also come more pests – both indoors and outdoors. The survey found that 60% of homeowners plan to take a preventative approach to pest control this spring/summer, including: 

1. Sealing cracks and gaps (49%) 
2. Natural sprays (44%) 
3. Pesticide sprays (43%) 
4. Hiring a professional (36%) 
5. Traps (36%) 

The most concerning pests overall include mosquitoes (61%), fire ants (52%), wasps/hornets (49%) and cockroaches (38%).  

Most Realtors® are familiar with busy schedules, from juggling showings and open houses to managing paperwork, negotiations and last-minute requests. With so much on their plates, it’s important for Realtors® to slow down and find sustainable ways to combat business-related stress. 

Deb Feder, business growth strategist and CEO of Feder Development, LCC, shares five ways Realtors® can reduce stress and create a healthier work/life balance. 

1. Embrace Flexibility 

“Embrace the flexibility, rather than fight it,” Feder says. “The unpredictability of the housing market, the race to get the house and client scheduling can make this job feel like a 24/7 commitment. Start by acknowledging this and allowing yourself to set one to two boundaries on your time.” 

“This might mean protecting your morning workout time or letting new clients know that while you shut off your phone after dinner, you’ll be in touch with them first thing in the morning.” 

2. Plan for Slow Days 

“Set up a schedule and plan for slow days,” she adds. “Make this your non-negotiable time to complete back-office work, manage self-care appointments and engage in your networking and business development plans.” 

3. Have a De-Stress Routine 

When business is especially stressful, Feder suggests practicing deep breaths and reaching out to others for help, whether that’s a broker, a team member, a fellow Realtor® or someone else. 

“Knowing how to rely on your whole team, and allowing them to rely on you, addresses the biggest challenges and allows others to participate in helping you juggle the competing demands of clients.” 

4. Own Your Success 

“Own your success instead of relying on the waves of the market to carry (or burden) you,” she says, stressing the importance of focusing on nurturing client relationships and being present and appreciative of them.  

“Make a list – and update it weekly – of all your accomplishments,” Feder adds. “Celebrating all the milestones will keep you motivated and focused on what’s next.” 

5. Don’t Fall Into the “Too Busy” Trap 

“It’s very easy to think that the scrambling in our days is useful busy time and that there is no way to fit more in. Instead of trying to race faster in your days, pause and pick two priorities. Knowing what needs to anchor your day in terms of your time and attention allows you to rethink what actually needs to get done, what is just racing around and is not necessary and what goals to tackle when time allows.” 

“Rethinking your time and priorities is a great first step to stepping away from the ‘busy’ conversation and instead focusing on getting the most important stuff done.” 

Derek John, a member of the Bucks County Association of Realtors®, recently added a shipping container addition to his existing home and shares the challenges and benefits of doing so. 

“It’s called a ‘non-hazardous material’ container,” John explains, meaning the container has never been used to store any hazardous material. “It’s an actual shipping container with actual shipping container doors.” 

After construction, the addition weighs about 18,000 pounds and measures 320 square feet (8 feet by 40 feet). He was influenced by his neighbors, who had recently replaced their old pool house with their own shipping container. 

With several children and pets, John and his wife decided they needed more space, especially with his wife working from home full-time. They’ve designated the newly added space as a home office/gym, and the addition includes a small kitchenette as well. 

While the shipping container addition has provided John and his family with some much-needed room, he notes that it may not be the solution for everyone with the same problem. 

“It’s a unique solution, but it is specific to certain needs,” he shares, noting that it is still a small addition with limited space and tight quarters. “You couldn’t just park one of these somewhere and not have storage externally for your things,” he adds, thinking of those who might see this as a replacement for a more traditional home. 

Even more of a challenge? Permitting issues. 

“It’s very specific to your township. You have to get into the nitty-gritty of your township approvals and find out what their standards are. The rules are different everywhere. For Realtors® working with clients considering this kind of addition, it’s about finding out the rules of the township, especially when it comes to public water and public sewage.”  

John and his family are enjoying their shipping container home addition, which works for them, their needs and their township permitting rules. 

Owning a home is a big achievement, but it can also be stressful. Sixty-four percent of homeowners say that homeownership is stressful, according to a recent survey by American Home Shield. 

Home repairs are especially stressful for many, as 74% said they worry about affording repairs, and 69% said they find repairs to be overwhelming. 

As of November 2025, 83% reported having to tackle home repairs last year. Of those, the average homeowner spent $3,737 on repairs, and 18% had to go into debt to afford them. Fifty-seven percent said they were blindsided by repairs in 2025.  

The top systems requiring repairs were: 

1. Plumbing (56%) 
2. HVAC (34%) 
3. Kitchen appliances (30%) 
4. Electric (24%) 
5. Roof (23%) 

What’s the most stressful home repair in Pennsylvania? According to the survey, it’s radon.  

Pennsylvania homes are prone to radon problems, with approximately 40% of homes in the state measuring radon levels above the Environmental Protection Agency’s action guideline for four picocuries per liter (pCi/L). Radon exposure is the second leading cause of lung cancer in the United States after smoking. Read more about radon in Pennsylvania and how to test your home in this JustListed article. 

Radon was the leading stressor nationwide, with 11 other states also listing it as their top concern. Other top stressors included septic tank issues (nine states), flooring (six states) and mold (six states).