Estate Sales Terms of Service
Services We Will Provide:
Organization: We will organize, arrange and display all items to be sold. If, during that process, we encounter items that appear to be of especially sentimental value, or we encounter especially valuableItems you have not told us about, we will consult with you. We will use available tables, shelves and similar areas for display purposes and we will provide additional tables and/or display cases as necessary. To a limited extent we will also clean the area where the sale is conducted. We will clean and polish selected items being sold such as silverware, fine china and furniture if necessary.
Unless we are notified otherwise, used cleaning, car and other supplies that cannot be sold will be disposed of along with any prescriptions and over the counter drugs and open alcohol bottles.
Pricing: We will appraise all items being sold and will mark prices on them using price stickers, tags or signs that we will provide. If we believe there are items of value that are not within our area of expertise, we may choose to engage an outside appraiser that has the necessary expertise, at our expense. We welcome your input regarding the value of specific items; however, given our experience in this area, we reserve the right to make the final pricing decisions.
Advertising: We will arrange for advertising regarding the sale to appear in the appropriate Medias both in print and on the internet. We will place a sign in the yard during the sale and additional signs in the vicinity of the sale, if permitted, with regard to local ordinances.
Conduct of Sale: We will conduct the sale in a professional and efficient manner. To assist with the sale, we will hire individuals as needed, from a pool of honest, experienced and reliable individuals familiar to us and the integrity we demand for our services.
Unless you instruct us otherwise, we will conduct the sale with two objectives:
A. To sell every available item
B. To maximize the proceeds from the sale
During the sale, we may negotiate prices with customers and accept bids as we consider appropriate in order to achieve the two objectives stated above. However, you may establish minimum prices for a small number of items, if desired. Please provide us a list two weeks prior to the start date of the estate sale of the minimums established for those items.
On the second day of the sale we will reduce the prices of the items being sold, except on those specific items on which minimums have been established. We normally reduce prices by 25% at the opening of the second day of sale. On the third (Last) day of the sale we normally reduce prices by 50%.
Security: Unfortunately, we have come to realize that some minor theft by customers is inevitable. We will, however, see to it that reasonable steps to guard against theft are taken, for example, by stationing personnel near smalls & high-value items. We will supply an adequate number of employees to work the sale. If you request it, or if we recommend it for the sale, we will also hire one or more off-duty police officers to provide security at the sale, at a cost to you.
Records and Receipts: Payment: Our records regarding the proceeds of the sale will be open to you at all times during and for six months after the sale. In addition, within ten business days after the conclusion of the sale we will make available to you a detailed summary of sale results showing the gross proceeds, itemized fees and expenses deducted, and the net proceeds distributable to you. At the same time we will deliver a check to you in the full amount of the net proceeds, payable to signature on estate sale agreement.
Credit Cards: It has been our experience that customers will purchase more at our sale if they are able to use credit cards, resulting in a more successful sale. We accept ALL major credit cards. All credit cards will be processed through Heartland Payment Centers (the same as our store). We DO NOT charge additional fees (to you or the customer) for the use of credit cards.
Fees and Expenses: Our fee for providing the services discussed above is ______% ( / ) of gross sale proceeds. Our commission is payable on all items we have been told will be on sale at the time the contract is signed. Because our decision to accept the sale over other possible estate sale opportunities, and our planning and preparation for the sale, have been made based on the quantity and quality of the items being sold. We discourage the removal of items after we have been hired. If item/items are removed after we have started working on the sale, we reserve the right to appraise the removed item/items and deduct _____% ( / ) of the appraised value from your share of the proceeds of the sale, although we will attempt to be fair, reasonable and understanding in that regard.
Disposal of Unsold Items/Clean up: There will be unsold items at the conclusion of the sale. We will gladly suggest names of Charities that will pick up the unsold items if you like. If the sale requires extraordinary clean-up before or after the sale. We will engage a cleaning and trash removal service, with your prior permission, with the cost to be deducted from your proceeds. The cost for extraordinary clean-up is $20.00 per hour per person hired to do the heavy labor.
Termination of this Agreement: This agreement may be terminated by either party for any reason at any time prior to the commencement of the sale. If we terminate the agreement, we will not be entitled to any compensation unless you have agreed otherwise. If you terminate the agreement, you agree to pay us for all services provided prior to the time you notify us of the termination at an hourly rate of $20/ hour per person and any incurred sale related expenses up to the date of termination. In that event we will provide you with an itemized list of the personnel engaged and their hours and the expenses incurred.
Property and Casualty Insurance: Because the sale is taking place on your premises, we require you to have in place ordinary property and casualty insurance. We cannot be held responsible for any injuries or other harm occurring in connection with the sale. In the unlikely event someone is injured and notifies us of a potential claim, we will refer them to you, and would expect you to refer them to your insurance carrier. You agree to indemnify us against any claims, damage or liability (including reasonable attorney’s fees) as a result of injury or other harm suffered by any person and stemming from the sale, whether arising before, during or after the sale.
Other Matters: You are, of course, welcome to be present at all times while we organize, appraise and mark items prior to the sale. It has been our experience, however, that attending the sale may be difficult for you and/or family members if items being sold are of sentimental value to you.
Our business is built on referrals. Accordingly, it is important to us that you be happy with our services. Above all, we recognize that in entrusting your sale to us, you are relying on our honesty and integrity. We have always operated, and will always operate with the highest standards of honesty and integrity.