Free template

Estate sale contract template

A plain-language agreement between an estate sale company and the family or executor. Copy it, fill in the blanks, and adapt it to your business.

Important: this is a starting point, not legal advice. Laws differ by state. Have a licensed attorney in your state review your final agreement before you use it with clients.

What a good estate sale agreement covers

Template

Estate Sale Agreement

This agreement is made on between (“Company”) and (“Client”) for the sale of personal property located at (“Property”).

Sale dates: through .

1. Services

Company will organize, price, advertise, staff and conduct the estate sale of personal property at the Property.

2. Commission

Company will receive % of gross sales, or a minimum fee of $, whichever is greater. Gross sales means the total collected for items sold, excluding sales tax.

3. Expenses

The following expenses, if incurred, are deducted from Client’s proceeds and itemized on the settlement report: .

4. Pricing

Company sets prices based on its experience and market research and may discount items during the sale. Client may mark items as not for sale before pricing begins.

5. Excluded items

Items Client wishes to keep must be removed from the Property or clearly marked before pricing begins. Company is not responsible for items left unmarked.

6. Payment

Company will deliver a written settlement report and payment of net proceeds to Client within days after the sale ends.

7. Unsold items

After the sale, unsold items will be (check one): ☐ donated to a charity of Client’s choosing, with any receipt given to Client ☐ left at the Property for Client ☐ offered for purchase by Company at a price agreed in writing ☐ removed by Company, with removal cost deducted as an expense.

8. Security and liability

Company will take reasonable care during the sale but is not an insurer of the Property or its contents. Client will maintain any property insurance.

9. Authority

Client confirms they have legal authority to sell the property (as owner, executor, administrator or agent) and that the items are free of liens.

10. Sales tax

Company will collect and remit any applicable sales tax as required by law.

Signatures

Client: Date:

Company: Date:

Do this in the app instead

EstateBOSS fills in the agreement from the sale details, collects both signatures on your phone, and calculates the settlement automatically as items sell.

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