Sample Contract
(Contracts may differ between projects)
Brocante Estate Sale Contract
This Estate Sale Contract ("Agreement") is made and entered into as of
[DATE], by and between Brocante, a [State] business with a principal
place of business at [Address] ("Brocante"), and [Client Name],
residing at [Address] ("Client").
Witnesseth:
WHEREAS, Client desires to sell certain personal property located at
[Property Address] ("Property"); and
WHEREAS, Brocante desires to conduct an estate sale for the purpose of
selling such personal property.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties agree as follows:
1. Services
Brocante agrees to conduct an estate sale at the Property on [Date(s)
of Sale] for the purpose of selling the personal property located at
the Property as of the date of this Agreement (the "Items"). Client
grants Brocante exclusive right of access to the Property for the
purpose of conducting the estate sale.
2. Client Representations and Warranties
Client represents and warrants that: (a) Client has the full right,
power, and authority to enter into this Agreement and to sell the
Items; (b) the Items are free and clear of all liens and encumbrances;
and (c) the Items are fit for sale and do not violate any applicable
laws or regulations.
3. Commission
Brocante shall retain a commission of thirty-three percent (33%) of
the gross sales price of the Items sold at the estate sale.
4. Removal of Items
All Items located at the Property as of the date of this Agreement are
included in the estate sale. Client acknowledges and agrees that
removal of any Items after the date of this Agreement will be billed
at a rate of thirty-three percent (33%) of the estimated fair market
value of the removed Items.
5. Clean Out
Following the estate sale, Client may choose to have Brocante remove
any remaining Items from the Property. The cost of clean out shall
consist of the following:
Direct Costs: The actual cost of disposal (dump fees, hauling fees,
and materials) associated with removing the Items.
Labor Costs: Brocante's hourly rate of Twenty-Five Dollars ($25.00)
per man hour for the time spent removing the Items.
6. Payment
Client shall pay Brocante the commission due hereunder within ten (10)
business days following the conclusion of the estate sale. Client
shall also be responsible for payment of all clean out costs within
ten (10) business days of receiving an invoice from Brocante.
7. Insurance
Brocante shall maintain general liability insurance in a commercially
reasonable amount. Client is responsible for maintaining any necessary
insurance coverage for the Property and the Items.
8. Marketing and Advertising
Brocante will utilize its expertise to advertise and market the estate
sale through a variety of channels, including but not limited to its
brick-and-mortar store, online platforms, and local advertising.
9. Term and Termination
This Agreement shall commence on the date first written above and
shall continue until all obligations hereunder have been fully
performed. This Agreement may be terminated by either party upon
written notice to the other party in the event of a material breach of
this Agreement that is not cured within thirty (30) days of written
notice.
10. Entire Agreement
This Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof and supersedes all prior or
contemporaneous communications, representations, or agreements,
whether oral or written.
11. Governing Law
This Agreement shall be governed by and construed in accordance with
the laws of the State of [State].
12. Severability
If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall remain in full force and effect.
13. Notices
All notices and other communications hereunder shall be in writing and
shall be deemed to have been duly given when delivered personally,
sent by certified or registered mail, postage prepaid, return receipt
requested, or sent by overnight courier, addressed as follows: