This signing of this contract between ________________________________________________________ and Heritage Sales and Appraisals, Inc. (“HSA”) authorizes Heritage Sales and Appraisals to arrange and conduct a sale of personal property in the residence located at _________________________________ _____________________the sale will be conducted during the period ______________________________. We respectfully request the Owner/Representative not be present at the time of pricing or during the actual sale. We have found it hinders the success of the sale and is very upsetting and emotional for the Family/Owner/Representative.
It is understood and agreed that the Owner/Representative will continue all insurance coverage on the premises and contents, including fire, theft and liability coverage through the duration of the sale. The Owner/Representative is also obligated to continue utility services, i.e. telephone, electricity, water and trash disposal service. The Owner/Representative agrees that HSA is acting as his or her agent in the sale. Under Florida law the Owner/Representative, as principle, is responsible for the acts of his or her agent acting in the course of its employment as agent under the principle of respondent superior.
All articles, which have been designated, at the signing of this contract, to be retained by the Owner/Representative or not offered for sale, must be removed or stored out of the sale area by the Owner/Representative before the pricing begins unless otherwise discussed and agreed upon by both parties. All items remaining will be part of the sale. Any items not previously designated by the date of signing this contract, which are removed or withdrawn from the sale by the Owner/Representative or any other person, will carry with them a 35% commission of the fair market value price.
HSA will price and arrange for the display all of the items to be sold. We usually need 2-3 weeks to set up a large sale. They will arrange advertising, conduct the sale, and pay all expenses of the sale with the exception of the newspaper ad, any license fee required by the city or any charges assessed by the city for trash removal. HSA agrees to leave the premises generally cleared (with the exception of hazardous chemicals, which require special disposal).
We are not a trash removal service. There will be a “clean out” assessment of $15 per person, per hour if there is an “exceptional” amount of trash removal or excessively large items to dispose of, sort, or arrange, before or after the sale. The parties agree that an “exceptional” amount of trash is a quantity that two able-bodied persons, working with diligence throughout a period of two hours, cannot clean out of the premises and place at the curb for removal by the city. Any large/bulk item trash pick-up required by the city or private company will be paid for by the client.
In the event termites or evidence of termites is found, HSA reserved the right to cancel the sale without prejudice. Termites are very damaging to wooden items and all items (house and contents) must be thoroughly treated to kill them. Furniture which comes from a house found to have termites is generally accepted to contain termites. Therefore, in order to preserve our reputation, HSA does not sell items from a house found to have termites or evidence of termites.
All items will be priced by the appraiser at a Fair Market Value based upon the area in which the sale is to be conducted. Age, condition, marketability, and desirability, will be considered when pricing each item and thereby determining the “tag price”.
Bids, of at least $5 over one-half of the tag price may be submitted during the sale and, if the item does not sell for the original tag price, the highest bid will be accepted. If an item of significant value does not sell, and the bid prices are unacceptable, Heritage Sales may consult with the client to discuss placing the item in a future sale for a second opportunity showing at HSA’s discretion.
Those items that do not sell, and are of little value, will be either: (Please initial which you choose)
1. Donated to charity after the sale ___________,
2. Sold to a buy-out person ___________, or
3. Be disposed of by owner or other means ___________.
Heritage Sales and Appraisals have not examined property titles and assume no responsibility as to the ownership of the property being sold.
HSA reserves the right to place other consigned items in the sale, where the additional items are an asset to the primary sale. All other consigned items will be color coded and listed according to its owner.
The Owner/Representative will be provided with a list and the price of each item sold for $50.00 or more. The remaining items will be listed in a miscellaneous category. The Owner/Representative will receive a check approximately three weeks after the last sales transaction is completed for the gross amount of the sale, less the sales commission and any other fees.
The Owner/Representative and HSA hereby agree that in the event of any dispute, including any claim arising out of this contract or any estate sale conducted by HSA, such claim or dispute shall be submitted to mediation in Orange County, Florida. A party asserting a claim or dispute shall submit a written request for mediation to the other party. This provision shall be mutually binding upon each of the parties.
This contract and the fee schedule constitute the complete and final expression of the parties’ contract. There are no further representations, warranties, provisions, or terms, either written or oral, except as expressly contained herein. This contract shall be modified only by written amendment signed by both parties. This contract shall be construed under the laws of the State of Florida, which shall also govern enforcement of any mediation award.
Heritage Sales and Appraisals, Inc. Representative
Commission Rate Schedule on items sold from the Primary location is 35%
Our commission is determined by the gross sales after sales tax of your personal property.
Please provide the name and address of person to receive the proceeds: (exactly how the check should be written)
Special Instructions or Considerations: ______________________________________________________________________________________________________