TERMS AND CONDITIONS OF SALES:
AGREEMENT TO CONDUCT ESTATE SALE
Thank you for selecting Magnolia Estate Sales to liquidate the contents of the estate known as:
Address of Estate: _______________________________________
SERVICES WE WILL PROVIDE
Cleaning Out / Sorting / Organizing of all contents of home and outbuildings
We ask that before we start organizing the sale, that you move out the items that you or a family member would like to keep. Please refrain from cleaning out 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. 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. To a limited extent, we will also clean the areas where the sale is to be conducted, and clean and polish selected items being sold, such as silverware, fine china and furniture.
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:
1. To sell every available item
2. To maximize the proceeds from the sale
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 at your expense after all other sales options have been tried.
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. Credit Cards will be accepted, there will be an additional fee to cover processing charges.
Additional Fees and Expenses
If a sale requires extraordinary services before or after the sale, such as deep cleaning, moving, or dumpster disposal, we will perform specified work only with your prior permission and cost will be deducted from your proceeds. The hourly rate for all additional work will be $22.oo per hour per person. Client (Estate Executor) will arrange for cleaning of the home 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 following rates: $50.00 an hour for all personnel that have been working to prepare the sale.
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 at the sale 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.