Estate Sale Agreement

September 27, 2018 $ by Tonza Borden $ 2 Comments

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Estate Sale – Estate Liquidation Services Agreement Template!

SELLER

My Estate Sale Company

111 My Address

City, State 55555

Tel: (555) 555-5555

myemailaddress@uknowwhere.com

CLIENT

Jim Doeman (Executor)

222 His Address

City, State 55551

Tel: (555) 555-5551

jdoeman@uknowwhere.com

This is an estate sale agreement to sell the [contents or partial contents] of the above listed home. The undersigned understand and agree to the following:

DEFINITIONS

“Client” includes legal owners, executors, trustees and administrator or other persons authorized by letters of administration to represent an estate.
“Seller” refers to the services hired by the Client, performed by [My Estate Sale Company]. Seller is responsible for all aspects that lead up to and result in the final sale and is entitled to a commission as defined by this contract.

SERVICES

[My Estate Sale Company] prepares for and conducts estate sales or liquidation sales, provide consulting services and/or consigning services in the manner agreed upon by Client and Seller. Services include promotional and marketing services, market knowledge, organizational skills, preparation and sorting at the date(s) and the place(s) and time(s) given.

CONDITIONS CLIENT AGREES TO:

Client agrees that the Seller shall conduct this sale only, and that the Client does not have authority to conduct the sale after this contract is signed (_____).
Client agrees that no items shall be withdrawn from sale after advertising and/or pricing, sold or transferred prior to this sale (_____). If Client removes all “choice” items leaving only a number of ordinary items; these items by themselves will not generate the interest and crowds necessary to ensure that you sell most of your sale items.
Client agrees to show legal proof of executorship if this is the estate of a deceased person.
Client agrees to having good and merchantable title to, and the right to sell personal property on the named premises, that this personal property is free from all encumbrances, and that Client shall transfer and deliver such good and merchantable title to the buyers (_____).
Client agrees to provide suitable homeowners insurance against liability for personal injury or damage to the personal property or the premises on which that personal property is located. Client is responsible for these premises and their contents and will hold Seller harmless against all claims of personal injury or

property damage arising from or relating to the sale of the household items (_____).

Client agrees to hold Seller harmless for any breakage or damage although all reasonable care shall be exercised (_____).
Client agrees that Seller, in order to sell any item of this personal property, has discretion to negotiate with buyers or reduce prices to the extent deemed necessary and prudent by the Seller to consummate a sale. Any exceptions are to be expressed in writing by the Client (_____).
Client agree state sales tax shall be added to the price of each item and shall be deducted from gross sales (_____).
Client agrees to pay [$] for advertising and promotion, which shall be deducted from gross sales prior to total payable to Client at end of sale (_____).
Client agree for in-home estate sale conducted by Seller, the Client shall pay the Seller’s commission rate of [%] on total items sold, which shall be firm and non-negotiable at the signing of this contract regardless of the results (_____).
Client agrees if the Client must terminate or cancel the estate sale during or after estate sale preparation, Client shall pay [$] to Seller for advertising and sale preparation expenses incurred (_____).

CONDITIONS SELLER AGREES TO:

Seller agrees to place all advertising for print and Internet promotion for the estate sale. (_____).
Seller agrees all items shall be priced according to liquidation value, taking into consideration, the area and what the present market will bear for a quick sale (_____).
Seller agrees to deliver to the Client, at end of sale, a final accounting of the sale. This accounting shall include gross sales, taxes, advertising, Seller’s commission, rubbish removal, house cleaning, and total payable to Client in cash (_____).
Seller agrees to deliver to the Client, within [two (2) days] after sale, an Itemized Sales Summary listing items sold for over [$10] with the asking price, sale price, and unsold annotations (_____).
Seller agrees if at any time the Client obstructs the Seller’s attempts to conduct the efficient completion of the estate sale contracted, Seller shall terminate the agreement. In such circumstances, Client agrees to pay [$] to Seller for advertising and sale preparation expenses incurred (_____).
Seller does hereby agree to provide the services described above to [Clients Name], according to the terms and in return for the fee and charges stated above (_______).

CONDITIONS CLIENT AND SELLER AGREE TO:

This agreement and attached schedules contain all the terms we have agreed to (_____).
There are no other agreements, oral or written, between us. Any changes to this agreement must be made in writing and attached to this document (_____).

Any unsold items shall be:
Donated to charity____________________________ (_____).
Returned to Client (_____).
Removal of leftover furnishings and rubbish from the premises is the responsibility of:
Client (_____).
Seller shall remove remaining furnishings and rubbish for [$], which shall be deducted from gross sales if required, labor and dumpster included (_____).
Housecleaning of the premises is the responsibility of:
Client (_____).
Seller shall provide thorough cleaning of [2-5] bedroom house, which includes bathrooms, appliances, cupboards/countertops, hardwood floors, all reachable windows inside, vacuum carpet, mop hardwood and tile floors for [$], which shall be deducted from gross sales if required, for up to a [5] bedroom home, supplies and [3]-person cleaning team included (_____).