Published in plain English
The Client Agreement
Most estate sale companies make you ask. We publish ours — because you shouldn't have to sign something you couldn't read first. The plain-English version is below, and under it the actual contract: when you're ready, we just fill in the blanks together.
1. What we do
Tolley Estate Sales (operated by Your KC Homes LLC) acts as your agent to stage, research, price, advertise, staff, and conduct an estate sale of the personal property you designate at the sale address. The sale is conducted in the name of and on behalf of the property owner or their estate.
2. What it costs
Nothing up front, and our commission is the only number you'll see. It's 30% of gross sale proceeds — most Kansas City companies charge 35% to 50% and then bill hauling and cleanout on top of it. Ours covers staging, pricing research, photography, all advertising, staffing, payment processing, donation delivery with receipts, hauling the unsold items, and leaving the home broom-clean. There is no minimum sale size, and if the sale never happens you owe us nothing. The only thing ever quoted separately is dumpster or hazardous-material disposal beyond ordinary household contents — agreed in writing before any work starts.
3. Who prices things
We do — against real sold comparables, not guesses. If specific items matter to you, we'll agree minimum prices (reserves) for them in writing before the sale. We may group low-value items into lots to sell the home down efficiently.
4. Once we start, the inventory stays
After the agreement is signed and staging begins, items can't be removed from the sale by the family (the industry calls this the no-cherry-picking clause). Removed items unbalance the sale we've priced and advertised. Take everything the family wants to keep before we begin — we'll walk it with you.
5. What happens to unsold items
Your choice, decided up front in the agreement, and every option is included in the commission: (a) returned to you, (b) donated with receipts collected for your taxes, (c) hauled away with the home left broom-clean, or (d) consigned into our resale channels — we keep selling them for you online and you receive the agreed share as they sell.
6. When you get paid
You receive an itemized settlement statement and payment within the number of business days written in your agreement — days, not weeks. Every item category is accounted for on the statement.
7. Taxes
Estate sales of household goods conducted on behalf of the owner are treated as the owner's liquidation of personal property under Missouri law (RSMo 144.010). The agreement names the property owner for that reason. Nothing on this page is tax advice — talk to your tax professional about your specific situation.
8. Access, utilities & safety
You provide reasonable access to the property for staging days and sale days, with electricity and water on. We carry out the sale with reasonable care for the home; sale-day foot traffic is managed with staffed entrances and occupancy limits.
9. Cancellation
Either side can cancel in writing before staging begins at no cost. After staging and advertising have started, a cancellation fee covering documented work performed applies, as set out in the agreement.
The actual contract
This is the document we sign at your kitchen table. Read it now, download it, show it to whoever you trust — the blanks are the only thing that changes.
ESTATE SALE SERVICES AGREEMENT
Tolley Estate Sales · operated by Your KC Homes LLC · Independence, Missouri · 913-283-3826
Version 1.0 — draft — published at tolley.io/estate/agreement
1. Services. Tolley Estate Sales (operated by Your KC Homes LLC, Independence, MO — “the Company”) will act as the Client's agent to stage, research, price, photograph, advertise, staff, and conduct an estate sale of the personal property the Client designates at the Property, on the dates above. The sale is conducted in the name of and on behalf of the owner or estate named above.
2. Compensation. The Client pays nothing up front. The Company earns the Commission stated above, calculated on gross sale proceeds, and that is the Company's only charge. The Commission covers staging, pricing research, photography, all advertising, sale staffing, payment processing, donation delivery with receipts, removal of unsold items, and leaving the Property broom-clean. There is no minimum sale size and no fee if the sale is never held. Should the Property require dumpster service or hazardous-material disposal beyond ordinary household contents, that cost is quoted and agreed in writing before any work begins.
3. Pricing & reserves. The Company prices items against real sold comparables. Minimum prices (reserves) for specific items must be listed in Appendix A before staging begins; items without a reserve may be sold at the Company's discretion, including discounting and lotting to sell the home down.
4. Payment forms at the sale. The sale accepts every common form of payment — cash, all major credit and debit cards, tap-to-pay, and approved payment apps. Payment processing costs are the Company's responsibility, covered by the Commission.
5. Inventory stays once staging begins. Before staging begins, the family removes everything it wishes to keep — the Company will walk the home with the Client to confirm. After staging begins, items may not be withdrawn from the sale. Items withdrawn anyway are valued at their tag price and that amount is added to gross proceeds for Commission purposes.
6. Unsold items. Items unsold when the sale ends are handled as elected below (one choice, made at signing):
- (a) Returned to the Client as-is.
- (b) Donated, with receipts collected and delivered to the Client.
- (c) Hauled away and the Property left broom-clean, at no additional charge.
- (d) Consigned into the Company's resale channels — the Company keeps selling them for the Client online, remitting the agreed share as items sell.
7. Settlement. The Company delivers an itemized settlement statement and full payment of the Client's share within the number of business days stated above, counted from the last sale day.
8. Taxes. The sale is conducted on behalf of the owner or estate named above as a liquidation of household personal property under Missouri law (RSMo 144.010). The Company is not a tax advisor; the Client is encouraged to consult a tax professional.
9. Access, utilities & care of the home. The Client provides reasonable access on staging and sale days with electricity and water on. The Company manages sale-day traffic with staffed entrances and occupancy limits and conducts the sale with reasonable care for the home.
10. Cancellation. Either party may cancel in writing before staging begins at no cost. After staging or advertising has begun, the Client owes a cancellation fee equal to the Company's documented work performed and out-of-pocket advertising costs.
11. Entire agreement. This document (with Appendix A, reserves) is the entire agreement, governed by Missouri law. Changes are valid only in writing signed by both parties.
Appendix A — Reserved items (minimum prices)
attach a second sheet if needed — reserves must be listed before staging begins
Client signature
For Tolley Estate Sales / Your KC Homes LLC
Tolley Estate Sales · Your KC Homes LLC · Independence, MO · tolley.io/estate · 913-283-3826
Ready to walk the house?
The walkthrough is free and everything above is negotiable — every home is different.
This page publishes our standard terms for transparency; the signed agreement is the binding document. Tolley Estate Sales is operated by Your KC Homes LLC, Independence, MO.