The purpose of this letter is to spell out the terms of our agreement.
Services We Will Provide.
This sale description was copied from EstateSales.NET on 1/23/2019 (70-16-9:59:08 AM). Please check there for accurate up-to-date information (21-107).
We agree to provide the following services:
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 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. To a limited extent, we will also clean the area where the sale is to be conducted, gather and dispose of items that cannot be sold and clean and polish selected items being sold, such as silverware, fine china and furniture, if necessary. Addition fee’s may be added for services for removal of unwanted items and will be determined before removal.
We will appraise items to be sold and will 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 having the necessary expertise, at owner expense. We welcome your input regarding the value of specific items; however, given our substantial experience in this area, we reserve the right to make all final pricing decisions.
We will arrange for appropriate advertisements regarding the sale to appear in the appropriate Medias 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.
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. Unless you instruct us otherwise, we will conduct the sale with two objectives:
A To sell every available item;
B To maximize the proceeds from the sale.
During the course of the sale, we may negotiate prices with customers and accept bid’s as we consider appropriate in order to achieve the two objectives stated above. However, you may establish minimum prices for a small number of items, if desired. Please provide us a list one week before the sale begins.
Unfortunately, we have come to realize that some minor theft by attendees is inevitable. 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 employees to work the sale. If you request it, or if we recommend it for the sale, we will also hire one or more off-duty police officers to provide security at the sale, at a cost to you.
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 would like or we will make arrangements’ to have the items removed at additional cost to you.
Records and Receipts: Payment
Our records regarding the proceeds of the sale will be open to you at all times during, and for six months after, the sale. In addition, within five business days after the conclusion of the sale 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. At the same time we will deliver a check to you in the full amount of the net proceeds, payable to signature on Estate Sale Agreement
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 Master-Card, Visa, Discover and American Express. All credit cards are processed thru Square. Must have internet access. Our fee for providing the services of credit card sales is 3 % of gross credit card sales
Fee’s and Expenses.
Our commission is payable on all items we have been told will be in the sale at the time the contract is signed. Because our decision to accept the sale over other possible sale opportunities, and planning and preparation for the sale, has been made based on the quantity and quality of the items being sold. We discourage the removal of items after signing the contract. If an item or items are removed after the contract has been signed, we reserve the right to appraise the removed items, deduct 1/3 of the appraised value from your share of the proceeds of the sale, although we will attempt to be fair, reasonable and understanding in that regard.
Additional Fees and Expenses
If a sale requires services before or after the sale. We will perform specified work with your prior permission; cost will be deducted from your proceeds. All additional expenses to be listed on Estate Sale Agreement at time of signature.
Termination of this Agreement
Either party for any reason may terminate this agreement at any time in writing 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. If you terminate the agreement, you agree to pay us for all services provided prior to the time you notify us of the termination, at the following rates: $175.00/hr administrator cost. In that event, we will provide you with an itemized list of the personnel engaged and the hours they worked.
Properties 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 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’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.
You are, of course, welcome to be present at all times while we organize, appraise and mark items, and during the sale. It has been our experience, however, that attending the sale may be difficult if the items being sold are of sentimental value to you. Our business is built on referrals. Accordingly, it is important to us that you be happy with our service. Above all, we recognize that in entrusting your sale to us, you are relying on our honesty and integrity. We have always operated, and will always operate, with the highest standards of honesty and integrity. If you ever have any questions or concerns in that regard, please let us know. We have found that in almost all cases, potential problems can be avoided if we simply communicate with each other. In addition, we recognize that every sale is different, and we will make every effort to be flexible, to be fair, reasonable and understanding, and to work within your schedule. We trust that you will do the same. If this letter correctly reflects your understanding of our arrangement, please sign both copies of the letter in the space provided and return one copy to us. We appreciate this opportunity to serve you, and we look forward to a productive sale!
Patty Cyr, Owner
Attic And All