Category Archives: Liability Insurance
Here is an updated checklist for estate sale contracts for estate sale companies and sellers.
We are not an attorney, but these items should be included and understood in the estate sale contract.
The estate sale contract should lay out in clear language.
- Name of the estate sales company
- Name of owner/s, heirs, or attorney
- Date of estate sale contract
- Address where the sale is to take place
- Dates the sale is to be held and time
- Dates the estate sale company will be given access to setup and price
- Any items excluded from sale on addendum when contract is signed
- Utilities – electric, plumbing, heating and air conditioning should be working
- Liability insurance for estate sale company
- Homeowner must have active homeowner insurance policy
- Ramifications of removal of items by sellers after contract is signed
- Fee or commission that will be charged if items removed or sold ahead by seller
- Cancellation clause of contract
- Party responsible for advertising and costs
- Who is responsible for obtaining and paying for any permits required
- Cost of sale, commission, fee, any additional sale related costs
- When seller will receive net proceeds and form of payment to be made
- Will seller receive written account of sold items and what it will or won’t include
- Who is responsible for the clean out when the estate sale is concluded
- If estate sale company cleans out any costs associated with clean out
- Any additional costs for appraisals or specific appraisals
- **If needed winter expenses and responsibility, i.e. plowing, shoveling, sand etc.
Visit the top of our front page for Choosing An Estate Sale Company.
One of the largest generations in our history, the baby boomer generation, has helped to create a boom in the estate sale industry, changed the way estate sales work, and the costs associated with estate sales.
Ten years ago holding an estate sale you payed a commission to an estate liquidation company or a flat fee and possibly paying an outside source to provide a clean out after the sale. The commission or fee was set by the estate sale company and was the same for almost every sale they conducted.
Not so today. The majority of estate sale companies now carry liability insurance, important for them and sellers. Workman’s compensation is also an expense for hundreds of estate sale companies. Estate sale companies that hold more than one estate sale per week or handle large content sales have had to add staff to handle the volume of sales they are working, advertising has gone from placing an ad in the local paper and hand made signs to marketing with estate sale advertising websites such as EstateSale.com (including featuring large or unusual sales an extra cost. Each estate sale adverting website is different and has varying costs), Facebook (and boosting the post for the sale) professional signage, brochures, memberships in associations, email targeting lists, and clean out costs either by the liquidation company or a company that specializes in clean outs of property.
When you choose your estate sale company along with a complete and thorough review of the estate sale contract, ask to see proof of liability insurance and do not be surprised when the estate liquidator asks to see a copy of a homeowner policy. In todays’ world it is important that both the liquidator and the property be covered by insured.
If the estate sale company belongs to any associations ask to see some type of ID (appraisers, education, etc.)
More and more liquidators are bringing professionally prepared brochures, but they should contain pertinent information about the company, name, address, phone number, email address, how long they have been in business, (license number if required by state or municipality) educational information (if any i.e. appraisal or fine art courses, estate liquidation courses), where they list their sales and advertise, and a list of their services showing fees or commission charges. It should also include if they have insurance or are bonded.
Following all this information, the estate liquidator should take photographs (if possible) to start the listing of the sale.
Access to the property should be arranged for pricing and staging and the dates and times of the sale.
If either party has any concerns about the sale this is the time to express these concerns. If the home is overflowing (commonly referred to by many as a hoarder) and you have an issue with this term discuss it with the estate liquidator. Television shows have promoted the use of this term and many times this can help encourage buyers to attend the sale. The term is not intended to be disrespectful.
As a seller when the estate sale company is ready to leave the property you should have trust and confidence and if not this is the time to settle any further concerns. You have hired a professional to sell the personal property and they need to do their job. Keep in mind most estate liquidators conduct sale after sale and they want your estate sale to succeed too so eliminating concerns and reducing your stress is good for you, the seller and the estate sale company.
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