Estate Sale Waiver Agreement

ESTATE SALE WAIVER AGREEMENT

This Estate Sale Waiver Agreement (the Agreement) is entered into by and between:

Property Identification

Property Address:

Parcel / APN Number:

Recitals

WHEREAS, the Estate Representative is authorized to manage, sell and dispose of personal property located at the Property identified above as part of the estate administration; and

WHEREAS, the Estate Sale Company is engaged to conduct an estate sale of personal property located on the Property and the parties wish to set forth the terms under which the Estate Representative will waive certain rights and release claims related to the sale of estate property;

Waiver and Authorization

The Estate Representative hereby irrevocably authorizes the Estate Sale Company to conduct an estate sale of personal property located at the Property on the agreed sale date(s). The Estate Representative knowingly and voluntarily waives any claim against the Estate Sale Company, its employees, agents, and contractors for loss of value, disposition, or sale of items described in the sale, except as provided in Section entitled "Limited Exceptions."

From: To:

Financial Terms

Commission to Estate Sale Company: of gross proceeds.

Estimated Expenses to be Advanced by Company (advertising, staffing, signage): — such advances shall be itemized and deducted prior to distribution of net proceeds.

Minimum Guaranteed Payment to Estate Representative (if any): payable within days after reconciliation of proceeds.

Inventory, Accounting and Distribution

The Estate Sale Company shall prepare and deliver to the Estate Representative a written inventory and itemized accounting of sales, refunds, commissions, expenses and net proceeds within days of the final sale date. Distribution of net proceeds shall be made by check payable to the estate or by other mutually agreed method within days after delivery of the final accounting.

Condition of Sale and Removal

All personal property is sold "AS IS, WHERE IS" and the Estate Sale Company will not be liable for condition defects of items sold. The Estate Representative authorizes the Estate Sale Company and its contractors to access the Property during agreed times for the purpose of staging, sale, and removal of unsold items.

Removal of unsold items will occur within days after the final sale date unless other arrangements are made in writing.

Disclosures

The Estate Representative discloses the following known conditions affecting personal property or the premises:

Lead-based paint present: Yes No

Known mold or water damage: Yes No

Hazardous materials (asbestos, chemicals, biohazard): Yes No

Limited Exceptions

Notwithstanding the foregoing waiver, the Estate Representative does not waive claims arising from the Estate Sale Company's gross negligence, willful misconduct, intentional misrepresentation, or conversion of estate property. Claims for ordinary negligence may be limited as set forth in this Agreement.

Indemnification and Insurance

The Estate Sale Company shall indemnify, defend and hold harmless the Estate Representative against claims arising from the Company's acts or omissions, except to the extent caused by the Estate Representative's own negligence. The Company agrees to maintain commercial general liability insurance covering operations at the Property and shall provide proof of such insurance upon request.

Default and Remedies

A party shall be in default if it materially breaches any covenant in this Agreement and fails to cure within days after written notice. Remedies for breach include specific performance, recovery of damages, and any equitable relief available at law.

Notices

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements, whether written or oral.

Acknowledgement and Certification

The undersigned Estate Representative certifies under penalty of perjury that they are duly authorized to act on behalf of the estate and that the information provided in this Agreement is true and correct to the best of their knowledge. The undersigned Estate Sale Company certifies that it will perform services in accordance with industry standards and the terms set forth herein.

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