Tag Archives: Estate sale contract

Estate Sale No No’s

Estate sale no no’s have become a continuing theme.

Seller etiquette is as important as buyer etiquette at estate sales.

As a seller when you hire an estate sale company you should have already gone through everything in the property. Anything you want to keep should have been removed or locked away.

The job of an estate sale company is not to sort through and organize personal property so that a seller can then cherry pick items they want from the sale. It is not the task of the estate liquidation company to do the “dirty work” and then have items removed from the estate sale.

Sellers need to be responsible for looking through, sorting and choosing those items that they want. If they are dealing with a hoarder sale then discuss this with the estate sale company before signing the estate sale contract to avoid misunderstandings and future problems. This is the time to discuss items that may surface they might want and how that will be handled.

When an estate sale company agrees to conduct an estate sale, they base their fee, advertising, staff requirements and time on what they see at the time they visit the property.

Many estate sale companies have added clauses to their estate sale contracts to collect a commission on items removed after a certain time frame in the contract.

Buyers allso need to remember it is a privilege not a given to be entitled to enter and attend an estate sale. The estate sale company has a fiduciary with the seller. It is their responsibility to control entrance to, sales and buyer behavior within the property. 

The estate sale company can ask a buyer to leave the sale if they feel any inappropriateness by the conduct of a buyer. This can include language, harassment, or possible theft or changing or deletion of price tags.

The estate sale should have signs posted throughout and about the property concerning the rules, terms, and conditions of the estate sale.

Estate sale no no’s apply on both sides of the estate liquidation business. Success can depend on it.

Top Questions Sellers Ask About Estate Sales

The top questions sellers ask about estate sales is based on our Google analytics. We offer this review with links to pages on our website to answer some of these questions.

#1 Estate sale contract – what to know and expect. Estate sale contracts.

#2 Downsizing or moving, estate sale or garage sale and what’s the difference.

#3 Estate sale costs. What you need to know.

#4 Selling cars and vehicles at estate sales

#5 Estate sale clean outs – under estate sale contracts.

On this Thursday as estate sales begin for another weekend we hope these top five EstateSalesNews.com topics answer some major questions.

 

Selling Before The Estate Sale Can Cost Sellers Commission

Selling before an estate sale can cost sellers a commission.

Sellers, understand that when you sign an estate sale contract you have signed and agreed to the terms in the contract. It is just like any other legal document.

Have signed a contract with an estate sale company? If your home is for sale and your buyers want to buy any of the contents this should be done through the estate sale company. 99% of estate sale contracts include a clause that specifies that any items not excluded from the sale prior to signing the contract will be subject to the commission amount charged at the sale.

Estate sale companies do this as a business. They make their living and pay their bills through this.

Sellers, you leave yourself open to going to court if you start pre-selling or withdrawing items after signing the contract. Estate liquidators determine whether to accept a sale based on what will be sold by them.

Realtors should not encourage sellers to buy without the estate sale company either. The Realtors also cannot and should not receive a commission for this. They can only be paid by their Brokers.

Sellers you should also not ask for a reduced commission. If you want to sell to your buyers prior to the sale with a signed contract expect to pay a commission.

Sellers Protect yourself from legal action and respect the estate sale company.

Estate Liquidators Wear Many Hats With Expertise

Estate liquidators wears many hats with expertise in a variety of fields associated with the liquidation of personal property.

Personal property liquidators are individuals earning a living as entrepreneurs. They do not work a five day a week job from 9-5. Estate liquidators require time management ability, motivation, dedication, knowledge, marketing skills, and more. They must determine their schedule, time, and requirements for each estate sale.

An estate sale liquidator must know and understand what the estate sale process is. Liquidators need knowledge in selling personal property. Estate sale company owners will work endless long hours and weekends. Often with no days off for weeks at a time.

Estate liquidators need to be a business person, salesperson, and negotiator. Liquidators have to be able to handle any situations that arise during the sale.

Information On The Estate Sale Business?

During the last three years EstateSalesNews.com has been writing and providing information on the estate sale business.  We have report news and information on a wide range of topics for buyers, sellers, and estate sale companies.

We share our news and information on Facebook, Twitter, and Google+. We have created 49 boards on Pinterest up to now to focus on news worthy estate sales, videos, and of course the great things found at estate sales from vintage to antique and new to repurposed.

For buyers we have discussed estate sale etiquette, the different types of entry estate sale companies use (sign up sheets, numbers, a well formed first come line), how to approach a liquidator about a discount, where to find estate sales, forms of payment accepted at sales, what to look for in signage such as all sales final, no exchanges or no refunds. We have discussed what to take with you to sales such as packing material, flashlight, magnifier, and even how to organize your route.

Sellers we have provided a printable step by step sheet for how to find, interview and hire an estate sale company that provides you with a feeling of trust, honesty, and integrity. Here is the link (also at the top of our front page) to answer the questions of sellers looking to hire an estate sale company.

Estate Sale Contracts Are Commitments

Many people moving, downsizing, or selling off a family home, fail to realize that once you have signed an estate sale contract it is binding just like any other contract. You have committed to an estate sale company and they have committed with you. For this reason it is important to you as a seller that you understand the contract and ask any questions. Do not feel hesitant or intimidated to say I don’t understand this clause. The estate liquidator wants a clear understanding between you both and a good working relationship.

Estate sale companies are discovering (especially in packed homes) that sellers are coming in after they begin their setup, and remove items they hadn’t seen in years. This is not the way it works and most estate liquidators have a clause in their estate sale contract that says they may charge you a full commission on any items removed.

Estate Sale Leftovers – What To Do When Everything Doesn’t Sell

clean out truckEstate sale companies work hard to “sell to the walls”, but most of the time it doesn’t happen. There are always some items that just can’t find a home.

It could be “brown  furniture”, dishes, linens, toys, or other items, but knowing what to do before the sale starts is beneficial.

When you are choosing your estate sale company ask if they offer a clean out service. They may. If so ascertain what the cost is and have it in the estate sale contract. If a company chooses not to offer this service, that isn’t unusual so ask if they know of a service that does clean outs, you can also consider donating to a charitable organization. There are companies that advertise on the internet and in newspapers also.

If your estate sale company does clean outs costs may be based on labor, hours, weight of goods etc.

What’s important to you as a seller is to decide when hiring your estate liquidator what you want done with any items that are left after the estate sale is finished, whether it’s a box full or more.

What To Expect Before The Estate Sale Begins

EstateSales_lgWhen 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.

Please subscribe to our magazine, it’s free, new articles are delivered directly to your in box and you can opt out at any time (no obligation) and the tab is in the upper left part of the website. We hope you will tell any estate sale companies you interview or work with you read and use EstateSalesNews.com as your resource for estate sales information and news.

Why Have An Estate Sale Contract? To Protect Sellers & Estate Sale Companies

Estate Sales NewsThousands of estate sales are taking place each week and now that winter is over and spring has arrived the number of sales will continue to increase.

When you are interviewing either as a perspective seller or as an estate sale company this is a business venture and as with all businesses a contract must be in place to set out in writing the terms, responsibilities, and consequences of the estate sale.

This is protection for both parties. It is not just about a date, address, or commission/fee. It is about who is responsible for utilities (seller), who prices and stages the contents being sold (the estate sale company), who advertises and pays for the ads (usually the estate sale company), which party will get the permit if needed, how will the sale be paid out (daily, at the end of the last day, within a precise time period after the sale), will the seller be paid by cash or cheque, and the list of what must be in the contract goes on. Please use our search feature to read other articles about the estate sale contract.

Each estate liquidator has their own contract that should delineate all terms including the consequences of removing items from a sale that were to be included (it is common practice for a seller to be charged the commission/fee for items removed once the contract is signed and was not excluded), but this is up to each liquidator. Sellers should make sure they know who is responsible for the clean out of the property after the sale, how it will be done, will there be additional costs or fees for that service and when it will be done.

It is the responsibility of the estate sale company to review the entire contract with the seller before signage. It is the obligation of the seller to ask the estate sale company any questions they may have and understand all the terms and responsibilities. If you aren’t sure, ask for a night to review it, seek legal advice, but once the decision is made and the contract is signed, remember this is business, especially for the estate sale company. They pay mortgages, utilities, staff, etc.

Estate sale companies work hard to achieve the best results possible. It is in the interest of both parties. The better the financial results, the better payout for seller and the better commission for the estate liquidator. They cannot guarantee results or control weather or economic conditions. Understanding what cannot be controlled is also key to a successful working business relationship.

Estate Sale Topics Past, Present, And Future on Estate Sales News

Estate Sales NewsApril 1, 2015 and with new additions and features. Estate Sales News offers topics we have written about in the past, present, and future. What you need to know. This list is for sellers, buyers, and estate sale companies. If you have a topic you would like us to report on just email us at support@estatesalesnews.com.

Advertising – From estate sale listing sites, SEO, social media, brochures, email lists, signs, & more

Animals – dealing with pet stains and odors etc.

Antiques – where to learn, how to know and understand (gesso for example)

Appraisals – It is more than USPAP, understand what it is, who they are, and the many associations

Art – A general discussion on where to learn more

Auctions – Online, on site, and the difference between an estate sale and how they can work together

Baby Boomers – companies that specialize in educating liquidators that work with those moving to assisted living, elderly parents, and downsizing

Bonding – what is it, the different types

Books – First additions to comics and where to find information

Buyers – Advertising for them, etiquette, number system, negotiating, working with them

Choosing an estate sale company it’s not so simple anymore (a printable list to assist you in the process)

Clients – Estate sellers, working with expectations and realities, a helping hand and more…

Clean outs – Who will and won’t, what to expect and fees

Clothing – Vintage or new

Conferences – 2013 and 2014 estate sale conferences

Consignments – what, why, and when they may be useful

Downsizing – decisions to be made including, don’t throw anything out until you talk to a liquidator

Education – Online eduction to apprenticing, society’s to belong to

Estate sales – Understanding what they are, and the process

Estate sale Contracts – What are the basics and what you should know.

Estate sale costs – commissions, fees, how and why what is charged

Estate sale listing websites – who, what they offer, where to find them on the internet

Ethics – Checking for reviews, doing your due diligence to choose an estate sale company

Growing your audience – so many sites that you can participate on to increase visibility on the internet

Insurance – Liability, why it is important, who needs it, where it can be found

Ivory – New United States rules and concerns in various states about the sale (will be updated as needed)

Jewelry – fine, vintage, costume, gold, silver, testing, weighing, and in general

Social Media – Facebook, Twitter, Pinterest, Google+, reddit, and Instagram, why it is important and how to use it effectively. This is a frequent topic on EstateSalesNews.com

Taxes – an on going topic about estate taxes and sales taxes in different states.

ThrowBack Thursdays – we look back at items of the past including photos

Videos – News worthy estate sales and video chats.

What’s selling at estate sales

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