TERMS AND CONDITIONS OF SALES:
AGREEMENT TO CONDUCT ESTATE SALE
SERVICES WE WILL PROVIDE
Cleaning Out / Sorting / Organizing of all contents of home and outbuildings
Before we come in and start organizing for the sale, remove the items that you or family members would like to keep. Please refrain from cleaning out (discarding) the contents of drawers, chests, cabinets, and stored boxes. These may contain items that are valuable to one of our shoppers. Almost every item in a home can be sold no matter how small, even if you cannot imagine that someone would want to buy it.
Once you have removed items to keep, we will organize, arrange and display all items to be sold. Once we have begun prepping for the sale, the items must remain in the home until it has been purchased or the sale has been completed. If during that process we encounter items that appear to be of especially sentimental value or we find valuable items, we will consult with you.
We will appraise all items to be sold and 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 at our expense. We welcome your input regarding value of specific items.
We will arrange for advertisements regarding the sale to appear in the appropriate online media sites such as estatesales.net, Facebook, Facebook Marketplace, Craigslist and our company’s website, www.magnoliaestatesales.com. In addition, we will place a sign in your yard during the sale and additional signs in the vicinity of the sale if permitted with regard to local ordinances.
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 personnel.
Unless you instruct us otherwise, we will conduct the sale with two objectives:
During the course of the sale, we may negotiate prices with customers and accept bids as we consider appropriate to achieve the two objectives stated above. However, you may establish minimum prices on select items, if desired. We ask that you provide us with a written list of those items before the sale.
Unfortunately, we have come to realize that some minor theft by customers is inevitable. We will however, take reasonable steps to guard against theft, for example, by stationing personnel throughout the home and presenting small, high value items in a protected area near the register.
Disposal of Unsold Items
There will be unsold items at the end of the sale. You may opt to donate to charities that will pick up items or have them removed in another manner after all other sales options have been tried. We will box up the items and arrange to have them picked up if you choose to have them donated. If you choose another option for disposal, you will be responsible for packing up and making the arrangements.
Client’s Preferred Donation Company: _______________________________________________
Records and Receipts
Our records regarding the proceeds of the sale will be open at all times during and for six months after the sale. In addition, within 10 business days after the conclusion of the sale, we will make available to you a written summary of sale results showing the gross sales proceeds, itemized fees and expenses deducted and the net proceeds distributed to you.
It has been our experience that customers will purchase more at our sales if they are able to use credit/debit cards. All credit cards will be processed through our company.
Additional Fees and Expenses
If a sale requires disposal of large amounts of trash (more than 1 truck load), there will be an additional fee of $20 per load. Prior to removal of each additional load we will contact the Client for permission to proceed with removal or for further instructions. Client (Estate Executor) will arrange for cleaning of the home prior to the sale if it is not in presentable shape for the sale or we can contract out the services at your expense.
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 our company terminates, we will not be entitled to any compensation unless you have agreed otherwise. If you terminate, you agree to pay for all services provided prior to the time you notify us of the termination at the rate of $50 per hour for all personnel that have been working to prepare the sale. _________(client’s initial)
Property and Casualty Insurance
Because the sale is taking place on your premises, we are relying on you to have in place ordinary property and casualty insurance, and 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, damages or liability (including reasonable attorney fees) as a result of any injury or harm suffered by any person stemming from the sale, whether arising before, during or after the sale.
Your attendance during preparation for the sale and the sale itself is not expected. It has been our experience that attending the sale may be difficult if the items being sold are of some sentimental value.
Estate Executor Magnolia Estate Sales
Accepted and agreed to this.