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.
What a good estate sale agreement covers
- Who and where — the client, the company, the property address and the sale dates.
- Commission — the percentage of gross sales, and any minimum fee.
- Expenses — which costs (advertising, extra labor, cleaning, haul-off) come out of the client’s share.
- Pricing authority — who sets prices and whether the company can discount during the sale.
- Excluded items — how the family marks or removes anything that is not for sale.
- Payment — when the client receives the settlement report and their proceeds.
- Unsold items — donation, return to the family, buyout or haul-off.
- Authority and liability — the client’s right to sell, insurance and the company’s responsibility.
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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