Tag Archives: estate sale contract basics

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.