Estate Sale Agreement

*** Full House Estate Sales ***

ESTATE SALE AGREEMENT

www.fullhouseestatesales.net

This Agreement is made this ____ day of ______________, 2023 for the sole purpose of liquidating the contents of an estate located at

Address: _____________________________________________________________________

Email: ______________________________      Tel: ___________________________

by and between Full House Estate Sales (FHES) and  ________________________________

who hereby warrants that he/she is: the legal Owner of the property (hereafter referred to as "Client") or is the “Personal Representative” of an Estate (hereafter referred to as "Client"). Estate Sale will be held ON SITE unless noted below.

Commission to Full House will be ______________. Duration of Sale will be ______ days.

Dates, Days and hours of sale – _______________________________

Discount schedule as follows:  Negotiations day 1, ________________________________.

Other Notes: __________________________________________________________________

I have read the above and do agree to abide by the same. I will not hold Full House Estate Sales or it’s personnel, liable for accidents, injury, or theft on the property.

Client Signature _____________________________________________

In some cases, we are able to enhance the sale with some of the items we have in our inventory. This allows us to add more photos in our advertising with the potential of additional customers. We would keep a separate tally our items with our price tagging system. If this applies to your particular sale and you are agreeable to this please initial below,

Initials ________

At the initial consultation, items being sold and not being sold will be disclosed to FHES. If the items being sold are removed or we are asked not to sell items initially being disclosed prior to the sale, we have the right to increase our percentage or cancel the contract. Please keep in mind, we are very flexible and if there are some items which you change your mind on, it is not a problem. However, if a number of items all of a sudden are not being sold and this will drastically change the bottom line, we reserve the right to raise our commission or cancel the contract.

Initials ________

FHES asks the client to place all items not being sold in one area, in closets, cabinets, or a room (if applicable) which will be closed off during the sale. It is not necessary to remove large items such as furniture, artwork or appliances as we will mark those items “Not For Sale”. If the client does not comply and these items sell during the sale, FHES will not be responsible for items which sold and were not for sale.

Initials ________

The terms applicable to this Agreement are as follows:

Client represents all items being sold are FREE OF LIENS and ENCUMBERANCES, and that good title and interest will pass to the purchaser at the time of sale. Client hereby agrees to indemnify Full House Estate Sales and its employees from any case arising out of ownership dispute before, during, or after the sale.

Services We Will Provide:

1. Organization. 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 encounter especially valuable items you have not told us about, we will consult with you. We will use available tables, shelves, and similar areas for display purposes and we will provide additional tables and display cases, as necessary.

2. Cleanup Following the Sale: At the end of the sale, we will clear out all tables, equipment and supplies used for sale. We are not responsible for soiled carpets, floors, baseboards, walls, window, counters, housekeeping, etc.

3. Preparation for the Sale: We will be given access no later than 1-2 weeks before the sale date and will be allowed to work between the hours of 8:00 am and 9:00 pm to complete set up for the sale. We will provide all tables, estate sale signage, internet advertising, and other necessary items to conduct a successful sale experience for the Client and customers.

4. e) Integrity Clause: The Client agrees to have all items that are slated “Not for Sale” removed from the location of sale or placed in one room not less than 1-2 weeks before the sale, or have items covered or marked as “Not for Sale. Larger items like appliances or furniture need not be removed. Pricing will be finalized one day before the sale.

5. f) Client Participation: It is preferred that the Client not be on premises during sale days and set up. We understand this is a sensitive time for all family members involved and being present often makes the potential customers uncomfortable, which could result in less sales.

6. Pricing. We will determine and set the selling price of all items by way of “fair market value” and liquidation pricing, and by using the best discretion on selling price trends. We will mark prices on them using price stickers, tags or signs that we will provide. We welcome your input regarding the value of specific items. All items shall be sold “AS IS” and without warranty of any kind, express or implied, and Client shall indemnify us against any such claims.

7. Advertising. We will arrange for appropriate advertisements regarding the sale to appear in the appropriate media regarding your sale. In addition, we will place a sign in the yard during the sale, and additional signs in the vicinity of the sale, if permitted, with regard to local ordinances. Please check www.estatesales.net. This is our main advertising site where we have a large following.

8. Conduct of Sale. 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 individuals familiar to us, and the integrity we demand for our services.

9. During the course of the sale, we may negotiate prices with customers and accept bids. However, you may establish minimum prices for a small number of items, if desired. Please provide us a list prior to setting up the sale. On the second day of the sale, we will reduce the prices of the items being sold as stated in this contract, except on specific items which minimums have been established.

10.  Security. Unfortunately, we have come to realize that some minor theft by customers is possible. We will, however, take reasonable steps to guard against theft, for example, by stationing personnel near small, high-value items. We will supply an adequate number of people to work the sale.

11. Disposal of Unsold Items. There will be unsold items at the conclusion of the sale. We will gladly suggest names of charities that will pick up the unsold items if you like or we can arrange for the unsold items to be donated. Other arrangements can be made for more expensive items to be sold at auction or at a later date for a separate commission agreement.

12. Records and Receipts: Payment is usually the day the sale ends but we reserve the right to pay within 5 business days after the conclusion of the sale. If needed we will make available to you a written summary of sale results showing the gross sale proceeds, itemized fees, and expenses deducted, and the net proceeds distributable to you.

13. Credit Cards. It has been our experience that customers will purchase more at our sales if they are able to use credit cards, resulting in a more successful sale. We accept all major credit cards. All credit cards we be processed thru our terminal on site.

2) 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 we terminate the agreement, we will not be entitled to any compensation unless you have agreed otherwise.

3) Proof of Property and Casualty Insurance. Because the sale is taking place on your premises, you are responsible for having in place property and casualty insurance. Please confirm with your insurance agent. We will not be 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 to your insurance carrier. You agree all risk of loss shall be borne by Client, and Client shall indemnify us against any claims, damages, or liability (including reasonable attorney’s fees) as a result of an injury or other harm suffered by any person and stemming from the sale, whether arising before, during, or after the sale. By signing this contract, the client agrees to indemnify us for any property damages or losses.