Please review the following contract. The contract will populate with correct information once the form at the end is completed. You will also receive a signed copy via email.
Between : Consignworks, Inc
15 Colorado Circle
Holden, MA 01520
Thank you for selecting ConsignWorks, Inc. We will work hard to ensure a successful outcome to your estate or moving sale. In addition to our services, we will provide all necessary supplies and equipment, staff, advertising, customer service, payment collection, and related services. Our reputation is based upon honesty, knowledge, professionalism and service. (08-31-2020)
ESTATE AND MOVING SALES
Estate sales are very effective for reselling household contents, including furniture, rugs, decorative items, accessories, electronics, collectibles, etc. We will try to sell anything that our clients ask us to – including boats and diamond rings to kitchen contents, clothing, basement and garage items! Not all items, however will sell, so it is important that follow-up activities such as donations, disposal, etc. are planned in advance. An estate sale is typically held on a weekend, with dates mutually determined, however, there are certainly alternative scenarios as well. We generally recommend one to two days for the sale itself. During COVID-19, we are conducting multi-day estate sales lasting 7 days or more. Our format is primarily online but in response to state guidelines we have opened up appointment only opportunities for customers as well as allowing those customers who are picking up their items to come into your home and shop some more. Be sure to give yourself sufficient time before a closing to tie up post-sale activities of donation and disposal.
BEFORE THE SALE
We will photograph items for sale and build a web gallery on our website. All advertising and email blasts link back to the site so that buyers can preview the items that will be for sale.
ConsignWorks will photograph, organize, sort, identify and research the value of your designated items and determine the best resale market. Our staff generally takes care of this but we may call on colleagues with expertise in specific areas for assistance with certain items. Please be sure that by the time our photographer/stagers arrive that all personal items have been removed from the sales areas, drawers have been emptied and trash and garbage removed from the staging area. Those types of activities take our staff tons of time and we would rather spend our time staging your home perfectly and doing research to price your items correctly.
We will create a material inventory schedule for any items that are of significant value. In most homes, this inventory will include items over 100.00. We will accommodate requests for inventorying specific items below this threshold if there is a particular interest. This material inventory schedule will include the name of the item, the price, the reserve (if any) set by the client and the final selling price. This inventory will be mailed along with your check within 10 days of the sale.
Our commitment to manage an estate sale is based upon an assessment of personal property. Changes to the inventory may impact our ability to cover our labor, advertising and marketing costs as well as our reputation. Once this agreement has been signed, and the photographs taken for advertising, we proceed with the understanding that the items designated for sale are available for sale.
Consignor agrees that any significant items identified or designated for sale at the time the contract was signed, whether or not they are on the inventory list, will not be sold or removed prior to the estate sale, or ConsignWorks shall be entitled to its regular commission. If family members or friends want items, make sure they are identified and removed from the sale before the agreement is signed, or let them know they can purchase them at the sale. Items can be added, but only removed from the list by first contacting us, as we may already have commitments from buyers. Our long-standing reputation for fair and accurate sales is critical to our business, as buyers trust that we will have advertised items available for sale. We do not pre-sell nor “seed” sales with other items.
In addition, we will work with you to determine fair market value and selling prices. Any receipts on more valuable items such as artwork, jewelry, collectibles or furniture may be helpful in determining resale values. Please assist us with identifying any issues with electronics, appliances, equipment, etc. that are not in working order. We allow buyers to return non-working items that have not been identified as such within 48 hours – otherwise, buyers are reluctant to purchase these items. This is also another reason we have such a loyal buyer base. You must remove all small items and secure them in a safe room or closet that is not accessible. Large furniture items can be monitored but must be marked not for sale by the client. We cannot be responsible for small or large items that inadvertently sell if they are left out in the selling areas or are not properly marked.
NOTE: PRICES REFLECT A BUILT-IN “NEGOTIATION” FACTOR OF 20%. WE TYPICALLY ACCEPT OFFERS OF 80% OR HIGHER. If an offer is less than 80% we will contact you for approval. If you do not wish to be contacted for offers below 80% you should let us know. Negotiations are often part of estate sales, so we build this into our pricing, so buyers feel better about their purchase. You just let us know of any reserve prices on select items but please note: ConsignWorks allows for reserve price on up to 3 items. Prices cannot be increased within 48 hours of the sale.
The week of the sale (sometimes sooner, typically on Tuesday, we will stage and display items for sale to maximize presentation and salability. We tag items with prices. Not all items sell. Small items, clothes, linens, furniture with condition issues, etc. may not all sell. We will certainly do our best to sell everything you ask, but please make sure that plans for donation or disposal have been addressed. We personally do not handle clean-outs and trash removal services, (this is a conflict of interest) — but are happy to help you find an appropriate clean-out company and/or charity. Please note that during COVID-19, we do not “stage” your home as there will not be an “open, public” sale. The photographer and one or two other employees will be in your house for at least one but perhaps multiple days, photographing, measuring and researching the items that will be posted online.
We secure your home by cordoning off areas that are not open to buyers, and by posting signage in these areas so that customers know that these areas are off limits. We post “No Parking” signs along the street. We supply display cases for jewelry, sterling and small items. If required, we apply rosin paper to the hardwood floors and plastic to protect carpets. This is a client expense. The client is responsible for snow removal and other safety concerns of the property such as secure railings, steps and bannisters. Remember, even though COVID-19 is disallowing huge gatherings, you will still have a lot of people in your home during appointment only and pick up times. You MUST ensure that the items for sale are well marked and that smaller items are removed from the “sales” area.
ConsignWorks will advertise in appropriate estate sale exchanges, Craigslist, Face Book and Marketplace, Instagram, our website and other channels to maximize the target market. Our sales draw hundreds if not thousands of buyers. We send an email out to our 6000+ customer distribution list, Facebook, Instagram and Twitter. We pay for all advertising costs.
We post signage along streets to direct buyers to the sale (unless this is prohibited by the city or town in which you live).
THE DAY OF THE SALE
We highly suggest that you do NOT attend your own sale. Most individuals, find the process emotionally difficult at best. We provide professional staff to monitor the sale, escort all buyers, and ensure that your property is protected. We do ask that someone is available by cell phone to answer questions, authorize a price override, etc. during the sale hours. We reserve the right to require that the owner is NOT present at the sale if we feel like the owner’s presence will disrupt the sale thereby negatively impacting gross sales potential.
We will provide directions for buyers to the location. We pass out numbers at 7:30 for orderly entry. During COVID-19, we allow folks in depending upon the size of the residence and by appointment only for everyone’s safety. During COVID-19, all customers MUST wear MASK, wash their hands upon entering the home and provide up with their name and their phone number for contact tracing.
We will provide all staffing for the dates of the sale. For COVID-19, we will provide staffing for the pick-up/appointment only days. The number of staff will be appropriate to supervise all rooms and assist buyers. Typically, we use 5-10 people, but on very large estates, more staff may be utilized, up to 24 at our largest sales. There is at least one Estate Sale Manager, one or more cashiers, and staff associates that monitor rooms, basements and garages. We have two or more movers to move items from the house to cars or to the garage to protect the house.
All sales are recorded on buying cards which are stapled to the signed credit card receipts. We itemize the customer’s purchases on the buying cards. During COVID-19, most sales are transacted online. In the event that a customer wishes to pay cash in person, we would record the transaction in a sales receipt book.
We will document offers and bids that are below reserve prices for possible post-sales
We will collect payment for items. We accept cash, Visa, MasterCard and AMEX. We typically do not accept personal checks. Credit card fees (2.95%) are paid by the client. During COVID-19, the credit card fees are 3% as Square charges more for their invoicing function.
The house will be left in “broom clean” condition after the sale. All tape, signs, floor paper, etc. are removed. ConsignWorks is NOT responsible for damage to carpets, floors, walls or lawns arising from the sale. If you would like rosin paper on hardwood floors and/or carpet film stretched over wall to wall carpeting we can do this for you. You would pay for the materials and for the extra labor time required to apply this protection.
Pets: Please make alternate arrangements for your pets on the day/days of the sale. It is frightening for your pet to be locked up in a small room and there is always a possibility that your pet will get loose. No good can come from leaving your pet in the house on sale day.
We will tidy up areas as much as possible. We do not dispose of unsold items. We work with several different disposal companies and charities that can remove the items and we are happy to provide you with a list of organizations. Of course, you can certainly use anyone else as well! Some items may be identified for consignment and we can provide a potential list of possible consignment shops that may accept the item.
ConsignWorks offers optional pre and post-sales activities not covered under estate sale activities. For example, if you would like us to ship items for you, or bring items to donation agencies, we are happy to provide these services for a fee.
AFTER THE SALE
We will work with buyers in after-sale activities to arrange for item-pickup.
We will remove all signage.
We will provide a final printout of consigned items on the material inventory schedule, with final selling prices, and pay you within TEN (10) business days for items sold less credit card fees and our commission. Please make sure we have the correct address for mailing if you have moved! Often times, the check is ready the following week for pick-up.
FEES – ESTATE SALES
For Services rendered under estate and private sales, we charge a flat 35% commission of the gross sales. This includes up to 3 days of staging – up to 5 people per day as needed for a one day sale. Many sales are one day sales. If a two-day or more sale is desired there is an additional $500 charge for multi-day labor. We do not charge for upfront expenses such as marketing or labor and we are paid our commission at the conclusion of the sale. The 35% commission includes the labor costs for all ConsignWorks staff for a one-day sale and all advertising. Credit card fees are a flat 2.95% of credit card charges, (3% during COVID-19).
ConsignWorks typically handles sales of at least $15,000 in gross sales or more. While we are able to handle smaller sales, the fee schedule is slightly different. For estates where gross sales are less than $10,000, the fee is $3500 for a one-day sale and an additional $500 for a multi-day sale.
For optional services not covered under this agreement, please refer to the attached schedule of services. These services can be paid by check credit card, or if you wish, we can deduct them from the proceeds.
We require a cancellation fee for estate sales of $1000 if the estate sale is cancelled after execution of this agreement within 14 days of the sale. Notification of cancellation of estate sale within 5 days or less, per signed contract the cancellation fee is $3500. This is necessary to cover labor and materials expenses incurred with inventory, research, advertising and other services, as well as lost revenue.
CONCIERGE SERVICES FEES (OPTIONAL SERVICES)
Service Description Fee Pre-Cleaning Services Removal of papers, trash and other items to prepare for sale. Hourly Rate Empty POD or other Storage Unit Move and unpack boxes, reasonable furniture items and re-stage home. Hourly Rate Packing and Shipping Services We will pack smaller items and have them shipped to you or family members. Hourly Rate Arrange and Coordinate Piano Moving/Pool Table Moving We will oversee all efforts and document completed activities. Hourly Rate Arrange and Coordinate Trash Removal Services We will meet with vendors, obtain quotes, and oversee all efforts and document completed activities. Hourly Rate Arrange and Coordinate Charitable Contributions We will meet with organizations and oversee all efforts and document completed activities. Hourly Rate Research, Pricing, Photography for Private Sales These services are offered on an as needed basis. $350.00 for up to 4 hours which includes travel time. Meet customer at home for item p/u post-sale. A ConsignWorks associate will travel to your home post-sale to meet with customer for item p/u. $75.00 Arrange Police Detail for Sale Day if required. ConsignWorks will obtain a police detail to direct traffic and handle parking. Client Expense. Application of Rosin Paper and Carpet Film for hardwood floors and wall to wall carpeting. Client pays for materials and for labor to apply these materials. Materials and hourly rate.
Services are provided at a rate of 37.00 per hour, plus travel time. Charges for services provide by other companies are extra.
Estate Sale Date: [date-of-estate-sale]
Checks Payable to: [checks-payable-to]
By signing this Agreement, you authorize ConsignWorks to provide the following services in accordance with the terms and conditions of this agreement. Consignor certifies that he/she has read all pages in this agreement and agrees to comply with its terms and conditions. Each section will be auto-signed stating you confirm having read and understand the terms and conditions once contract is submitted.
1. Title to Merchandise: Title to the merchandise shall remain with the Consignor until ConsignWorks sells such items in the regular course of business. Consignor represents that the personal property is free and clear of all liens and agrees to indemnify and hold ConsignWorks harmless for the payment of same. Consignor warrants the description(s) and representation(s) about the item(s) is/are true, ad that the items are not counterfeit, stolen, or violate any law.
2. Right to Sell: ConsignWorks shall have the exclusive right to sell the designated personal property as specified by the Consignor. Consignor will not attempt to sell these items during the course of this business engagement. If prices have not been designated, then ConsignWorks will determine the appropriate selling price using its experience and best practices. ConsignWorks has the right to terminate the Services if (i) Consignor breaches this agreement, (ii) Consignor is unable to authenticate or verify the information Consignor has provided, (iii) ConsignWorks believes that the Consignor’s actions may cause financial loss of legal liability for Consignor, ConsignWorks or ConsignWorks’ users, or (iv) Consignworks believes that the Consignor has engaged in fraudulent activity in connection with the property for sale, or (v) Consignor has materially impacted the financial proceeds, or the expenses associated with this sale after the agreement has been signed.
3. Commission: Consignor agrees to pay unto ConsignWorks a commission of 35% of gross sales. ConsignWorks assumes staff and advertising costs. We require a cancellation fee of $1000.00 if the sale is terminated after signing this agreement and within 14 days of the sale. If 5 days or less, the sale cancellation fee is $3500.00. Our commission includes up to 3 days of staging – up to 5 people per day as needed and a one-day sale. Labor for a multi-day sale is $500. Other services not rendered under this agreement are charged according to the Schedule of Concierge Services and these charges will be deducted from the final check cut to the Consignor. For sales under $10,000 gross, the commission is a flat $3500.00 for a one-day sale and $4000.00 for a two-day sale.
4. Merchandise: Consignor shall make available to ConsignWorks, the personal property identified herein. No items on the inventory list may be sold or removed from the list by the Consignor, or ConsignWorks will be entitled to the remedy of the commission fees based on the selling price on the inventory schedule. ConsignWorks shall not be responsible for any loss or damage to merchandise while it is located at the location of the Consignor. ConsignWorks assumes responsibility for loss or damage of items taken by ConsignWorks from Consignor.
5. Accounting and Payment: No later than TEN (10) business days after the sale, ConsignWorks shall furnish Consignor with sales documentation of sales transactions material to the sale and remit to consignor all money received from the sale of the Consignors personal property less agreed commissions and expenses, if any.
6. Liability Cap: ConsignWorks’ liability and the liability of its employees to Consignor or third parties in any circumstance is limited to the agreed upon value of the applicable items, or the selling price of an identical item that has sold on eBay or other equivalent marketplace with the past 60 days. ConsignWorks is NOT responsible for damage to carpets, floors, walls or lawns arising from the sale.
7. Indemnification: Consignor agrees to indemnify and hold ConsignWorks, its affiliates, directors, employees harmless from any claim or demand, including reasonable attorney fees, made by any third party due, connected to, or arising out of Consignor’s breach of this Agreement, or Consignor’s violation of any law or the rights of a third party. The cancellation fee and other remedies in this agreement shall remain in full force and effect.
8. General: This Agreement shall be construed according to the laws of the State of Massachusetts. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all parties.
Signed by and on behalf of
Signed by and on behalf of