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Our Contract: Fine print, but no Surprises!
When signed, this contract between:
__________________________________________ and FLORIDA HOME ESTATE SALES, LLC (FHES) authorizes FLORIDA HOME ESTATE SALES, LLC to organize and conduct the sale of personal property inside the residence located at : OFF SITE SALE Yes - No
The mutually agreed date for the sale is _________________________FHES will retain a commission rate of 25% of all final sales WITHOUT Inventory or 45% WITH inventory of all sold items.
FHES works ONLY in unoccupied homes.
Owner/Authorized Agents must maintain insurance coverage on the premises and contents including fire, theft and liability for 1 week following the date of the sale. If permission of the Homeowners Association is required it is the responsibility of the owner/agent to secure that approval. Utilities such as water, electricity, and trash disposal service must be connected and/or active. It is understood that FHES is acting as/for the Owner/Authorized Agent for this sale. Florida law states that the Owner/Authorized Agent, as principal, is responsible for the acts of his or her agent acting in the course of its employment as agent under the principal of respondent superior. The owner/authorized agent is responsible for any/all Homeowner Association requirements.
In the event of a sale that is to be held “off site” or not at the residence of the client, the sale shall be held at the location and time best suited as determined by FHES. All sale items shall be moved and relocated to the sale site and associated expenses deducted from the sale proceeds.
Items identified at the signing of this contract that will be retained by the Owner/Authorized Agent and not offered for sale must be removed, labeled or stored out of the sale area prior to FHES first day of preparation at the residence, unless special consideration is made and agreed to by written amendment to this contract and signed by both parties. Once FHES begins preparations, all items in the home, unless noted as above, are assumed to be for sale and are subject to contract commission at stated rate.
FHES will price and display all the items to be sold, arrange advertising, conduct the sale and pay all expenses associated with the sale including newspaper ads, permit and/or license fees charged by the local government. Said expenses will be deducted from the overall sale proceeds. Any additional fee for trash removal will be shown and deducted from the proceeds to the client. The premises will either be left cleared and “broom clean” (with the exception of hazardous materials) or as-is at the request of the owner.
Circle and initial selection
CLEARED or LEFT AS-IS
Pricing of all items will be determined by the principals of FHES for fair value. Pricing will be based on age, condition and marketability as determined by FHES. Special pieces may require the services of a licensed appraiser. When that occurs, FHES will contract those services and deduct fees from the overall sale proceeds. Items priced “firm” by the client that do not sell will be charged commission as if sold.
Owner/Authorized Agent requests that items not sold be donated to:
Within 10 business days following the sale, the Owner/Authorized Agent will be forwarded a check for the gross amount of the sale, less the commission and any other itemized expenses. A minimum sellers commission of $1,000.00 applies to all on site estate sales. Once signed, this contract ensures FHES will retain commission on all items on property that are initially presented by client as “for sale”.
Should the Owner/Authorized Agent find it necessary to cancel an already scheduled sale FHES will be reimbursed for all expenses plus a cancelation fee of $750.00.
NOTE: FHES has not reviewed property titles and/or liens and assumes no responsibility as to ownership of the property being sold.
FHES and the Owner/Authorized Agent agree that in the event of any dispute, including any claim arising out of this contract or any estate sale conducted by FHES, the claim or dispute shall be submitted to mediation in Lake County, Florida and the Better Business Bureau (BBB) as applies. The party asserting the claim or dispute must submit a written request for mediation to the other party within 10 days from the date of the sale. This provision is mutually binding on each of the parties.
This contract and list of excluded items (if any) constitutes the final and complete agreement of both parties. FHES may cancel this contract at any time with due cause and without penalty. There are no additional provisions, terms, warranties, or representations, written or oral except as contained in this contract and may 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.
FLORIDA HOME ESTATE SALES, LLC Date
Check will be delivered to the Owner/Agent at the following address:
E mail Phone
AMENDMENTS EXCLUSIONARY LIST: