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The Estate Preserve Contract

We have provided this contract to help our clients understand how we operate our business.

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Contract Signature

The Estate Preserve

(302) 381-4121

theestatepreserve@gmail.com

 

 

 

ESTATE LIQUIDATION AGREEMENT The Estate Preserve (“Liquidator”) agrees to perform services to liquidate the entire, or prescribed, contents of the residence located at:

ADDRESS _________________________________ZIP______________ PHONE___________________EMAIL__________________________________ (the “Premises”), which personal property (the “Property”) is owned and/or controlled by PRINT______________________ _____________________ (the “Seller”).

 

 

Seller warrants and guarantees that they own or have legal title to the entire, or prescribed, contents of the Premises, constituting the Property, free and clear of all liens or other claims of right.

 

Seller agrees that the estate liquidation shall be performed on the following terms:

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  1. ​Seller agrees that all items not to be sold under this agreement will be removed before Liquidator commences work at the Premises. Items removed after the execution of the agreement by Seller will result in a 33% charge of the valued price of the item or items removed.

  2. The pricing for all of the items to be liquidated shall be established by Liquidator, in its sole and absolute discretion. On the last day of the sale discounts are 50%.

  3. Seller represents and warrants that it has and shall maintain liability insurance for the Premises on which the liquidation sale is held and shall indemnify and hold harmless Liquidator and its officers, directors, members, agents, and employees from and against all damages to goods and injuries to persons occurring or sustained on the Premises.

  4. The Liquidator shall not be responsible for any theft or breakage of the Property to be liquidated. Seller shall assume all risk of loss or damage to or destruction of the Property from any cause whatsoever from the effective date of this agreement until the time the liquidation sale is ended or a purchaser accepts possession of the goods sold.

  5. The Liquidator shall require approximately fifteen (15) business days after the final deposit of the sale to close out the books of the sale, including the clearing of all checks.

  6. The Liquidator will be furnished a key to the residence and any garages or other structures in which the Property being sold is located. The Seller shall be responsible for cleanout after the sale, and the Liquidator shall not be responsible for removal or disposal of any items not sold.

  7. Seller agrees to pay Liquidator thirty-three percent (33%) of the gross proceeds of the sale for the services rendered with a minimum charge of $1,320.00 (total sales of $4,000 x .33 =$1,320.00). This will be taken out of the final sales.

  8. The Seller shall be responsible for all seller fees and shipping costs. If additional labor or materials are required to safely ship an item, Seller is responsible for all material costs, and insurance, and will compensate Liquidator at a rate of $15 per hour for all packing.

  9. Vehicles, RVs, or Boats over $5,000.00 will be compensated at a rate of 17%.

  10. Should Seller decide to cancel this agreement for any reason, Liquidator will be paid the sum of One Thousand and 00/100 dollars ($1,000.00) for the time invested in the sale and in addition will be reimbursed for all expenses incurred by Liquidator which were related to the sale in any way.

  11. The laws of the State of Delaware shall govern this agreement.

  12. This agreement may only be amended, revoked, or modified by a written agreement signed by both parties.

  13. This agreement contains the entire agreement of the parties and supersedes any and all prior oral or written understandings and agreements.

  14. No party to this agreement may assign its rights or delegate its duties under this agreement without the prior written approval of the other party.

  15. Venue for the resolution of any disputes through civil action shall be in the County Circuit Court where said property resides, as jurisdiction allows.

 

 

THE SERVICES ARE PROVIDED ON A “BEST EFFORTS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, LIQUIDATOR DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN ANY PARTICULAR OUTCOME.

 

BY SIGNING THIS AGREEMENT THE SELLER ACKNOWLEDGES AND CONFIRMS THAT HE/SHE HAS READ THE AGREEMENT, UNDERSTANDS THE TERMS AND CONDITIONS SET FORTH HEREIN, AND AGREES TO BE BOUND BY SAID TERMS AND CONDITIONS.

 

IN WITNESS WHEREOF, the parties have executed this agreement to be effective on _____________(date). By their signatures below, the Seller represents, affirms, and agrees to the above conditions: SELLER: ___________________________ Print Name: ________________________ LIQUIDATOR: The Estate Preserve _______________________________ FORWARDING ADDRESS WHERE CHECK WILL BE MAILED: ___________________________________________________ REFERRED BY:_______________________________________________ ADDITIONAL RESOURCES

 

 

Donations:

 

Delmarva Teen Challenge Mega Thrift, 22941 Sussex Highway, Seaford, DE 19973 302-629-3733 Soroptimist Thrift Store, 1100 Middleford Road, Seaford, DE 19973 302-629-2950

Good Samaritan Aid Thrift Shop, 115 W. Market St., Laurel, DE 19956 302-875-2425

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