DeborahD3 (North Carolina)
Posts: 6
Posts: 6
Posted:
It does not state we can or can not have an estate sale, but in by laws it states no commercial use. Does that pertain to an owner have an estate sale . Oh and this is in North Carolina
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Estate sale
Started by DeborahD3 • 29 replies • 351 views
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DeborahD3 (North Carolina)
Posts: 6
Posts: 6
Posted:
I forgot to add this is a condo association.
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
What are the details of the estate sale? Sale of personal belongings? Are you in a condo Low, Mid or High rise?
Gated vs Non Gated?
Gated vs Non Gated?
DeborahD3 (North Carolina)
Posts: 6
Posts: 6
Posted:
We are single family patio units but still condos, the sale is for the deceased mothers personal belongings who owned the condo.
DeborahD3 (North Carolina)
Posts: 6
Posts: 6
Posted:
oh and non gated.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
One of our attorneys strongly discouraged his condo clients from allowing yard sales, estate sales, etc. His reasons:
* These sales invite large numbers of strangers onto the property. There is often an uptick in crime during and after the events, because these strangers can steal things while they're on site or return later if they've spotted something worth breaking into. This makes the community less safe.
* Most condo communities have too little parking space as it is, so people will park all over the common elements and in owners' parking spaces. This inconveniences the residents, and everyone will have to pay to repair the damage afterwards (an unplanned expense).
* Someone will probably get hurt, either through not watching where they're going or through a staged slip-and-fall accident. This is when the condo's insurer takes a look at the policy and says "nope, that was commercial activity, you're not covered." This means the condo owners are jointly, personally responsible for any damages resulting from the accident. (The lawyer has seen this happen. It isn't pretty. And with the insurance market being so crazy these days, you don't want to give your insurer any reason to cancel your coverage altogether.)
In short, these events benefit only the people who host them, at the expense of the condo association and everyone who lives in the community. Aside from being commercial activity, these sales probably fit the definition of nuisance activity that interferes with others' quiet enjoyment of their homes. It's no different from a private social event that spills all over the neighborhood.
Boards may be reluctant to say "no" to a bereaved family, but they have to put the interests of the association ahead of those of one individual.
* These sales invite large numbers of strangers onto the property. There is often an uptick in crime during and after the events, because these strangers can steal things while they're on site or return later if they've spotted something worth breaking into. This makes the community less safe.
* Most condo communities have too little parking space as it is, so people will park all over the common elements and in owners' parking spaces. This inconveniences the residents, and everyone will have to pay to repair the damage afterwards (an unplanned expense).
* Someone will probably get hurt, either through not watching where they're going or through a staged slip-and-fall accident. This is when the condo's insurer takes a look at the policy and says "nope, that was commercial activity, you're not covered." This means the condo owners are jointly, personally responsible for any damages resulting from the accident. (The lawyer has seen this happen. It isn't pretty. And with the insurance market being so crazy these days, you don't want to give your insurer any reason to cancel your coverage altogether.)
In short, these events benefit only the people who host them, at the expense of the condo association and everyone who lives in the community. Aside from being commercial activity, these sales probably fit the definition of nuisance activity that interferes with others' quiet enjoyment of their homes. It's no different from a private social event that spills all over the neighborhood.
Boards may be reluctant to say "no" to a bereaved family, but they have to put the interests of the association ahead of those of one individual.
LayaS (Nebraska)
Posts: 249
Posts: 249
Posted:
Quote:
Posted By CathyA3 on 09/07/2024 4:26 AM
One of our attorneys strongly discouraged his condo clients from allowing yard sales, estate sales, etc. His reasons:
* These sales invite large numbers of strangers onto the property. There is often an uptick in crime during and after the events, because these strangers can steal things while they're on site or return later if they've spotted something worth breaking into. This makes the community less safe.
* Most condo communities have too little parking space as it is, so people will park all over the common elements and in owners' parking spaces. This inconveniences the residents, and everyone will have to pay to repair the damage afterwards (an unplanned expense).
* Someone will probably get hurt, either through not watching where they're going or through a staged slip-and-fall accident. This is when the condo's insurer takes a look at the policy and says "nope, that was commercial activity, you're not covered." This means the condo owners are jointly, personally responsible for any damages resulting from the accident. (The lawyer has seen this happen. It isn't pretty. And with the insurance market being so crazy these days, you don't want to give your insurer any reason to cancel your coverage altogether.)
In short, these events benefit only the people who host them, at the expense of the condo association and everyone who lives in the community. Aside from being commercial activity, these sales probably fit the definition of nuisance activity that interferes with others' quiet enjoyment of their homes. It's no different from a private social event that spills all over the neighborhood.
Boards may be reluctant to say "no" to a bereaved family, but they have to put the interests of the association ahead of those of one individual.
One of our attorneys strongly discouraged his condo clients from allowing yard sales, estate sales, etc. His reasons:
* These sales invite large numbers of strangers onto the property. There is often an uptick in crime during and after the events, because these strangers can steal things while they're on site or return later if they've spotted something worth breaking into. This makes the community less safe.
* Most condo communities have too little parking space as it is, so people will park all over the common elements and in owners' parking spaces. This inconveniences the residents, and everyone will have to pay to repair the damage afterwards (an unplanned expense).
* Someone will probably get hurt, either through not watching where they're going or through a staged slip-and-fall accident. This is when the condo's insurer takes a look at the policy and says "nope, that was commercial activity, you're not covered." This means the condo owners are jointly, personally responsible for any damages resulting from the accident. (The lawyer has seen this happen. It isn't pretty. And with the insurance market being so crazy these days, you don't want to give your insurer any reason to cancel your coverage altogether.)
In short, these events benefit only the people who host them, at the expense of the condo association and everyone who lives in the community. Aside from being commercial activity, these sales probably fit the definition of nuisance activity that interferes with others' quiet enjoyment of their homes. It's no different from a private social event that spills all over the neighborhood.
Boards may be reluctant to say "no" to a bereaved family, but they have to put the interests of the association ahead of those of one individual.
I had the same concerns about holding an estate sale for my nephew's personal belongings. He lived in a stand-alone home in a nonHOA community. The companies facilitating these sales take a hefty chunk of the sales proceeds. I ended up donating some things, distributing it among family members and selling some items such as books to a secondhand bookstore and clothes to Plato's Closet a secondhand clothing store. I was most concerned about someone getting hurt and filing an insurance claim. Habitat for Humanity has stores where one can donate good used furniture. In my area they are called Restore stores. It takes a lot of time to manage all of the personal property but I wouldn't go the route of an estate sale even if it is allowed in your community.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Thanks to Cathy and Layla for their comments. I've been considering an estate sale fie a deceased relative and the safety issues were a big concern. Both of you have given me other things to consider.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
What make it different then a yard sale?
KellyM3 (North Carolina)
Posts: 2,239
Posts: 2,239
Posted:
Please don't annoy a family who's trying to clear their deceased relative's property. An "estate sale" is clearly a one-time event, with a defined purpose. Estate Sale attendees will not fit the profile of harboring criminals or to a "cover" for criminals. Clearly the HOA has been communicated with, at some level, about the family's needs...and you recognize the need.
If the HOA board is concerned about this, it may be time to find a new hobby, because that what this is if such micro-management is underway. Help your residents when they need it and don't get the information and assess or justify why it might be "illegal."
If the HOA board is concerned about this, it may be time to find a new hobby, because that what this is if such micro-management is underway. Help your residents when they need it and don't get the information and assess or justify why it might be "illegal."
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
If the estate isn't large, I wonder if it would be possible to handle the sale online and then arrange for delivery/pickup without flooding the neighborhood. Of course that would leave out the people who don't have access to the internet. But there may be ways to deal with this and still avoid the issues that our attorney brought up. (The risk of an uninsured injury is serious. And there's this idea floating around that HOAs/COAs are worth suing because they're insured. To which I say "ha".)
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Cathy is on point.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Quote:
Posted By KellyM3 on 09/07/2024 11:20 AM
An "estate sale" is clearly a one-time event, with a defined purpose. Estate Sale attendees will not fit the profile of harboring criminals or to a "cover" for criminals. "
An "estate sale" is clearly a one-time event, with a defined purpose. Estate Sale attendees will not fit the profile of harboring criminals or to a "cover" for criminals. "
The same can be said for yard sales. Assuming that the estate sale is advertised to the public, then you'll get the same mix of people. If it is not advertised except to family members, then I agree it's similar to a private party. (Although just because the deceased resident was a sweet little old lady doesn't mean she won't have some sketchy relatives.)
And this is a perfect illustration of why this topic is so hard for boards. Estate sales trigger people in ways that yard sales don't. The folks who love to criticize boards for anything and everything eat this stuff up. "OMG, the board is awful, how can they treat a bereaved family this way?!" Never mind that these people will be first in line to criticize if property is damaged and they have to pay for it, or if Lord help you someone does fall accidentally and sues the association. Rising premiums or a cancellation notice will fuel their narrative nicely.
It's very easy to forget that an estate sale involves an exchange of money for material goods. In this respect it's no different from a yard sale or other commercial activity that involve selling stuff. Legally they are the same thing (per our attorney), which is why you risk the insurer saying "nope" when things go sideways.
I would advise a board to consult with the association attorney and maybe the insurer about ways to protect the association if they choose to go ahead with something like this.
LayaS (Nebraska)
Posts: 249
Posts: 249
Posted:
This discussion brings up a question which I did not research. Who is responsible for accidents when someone is injured. Is it the company conducting the sale or the owner's insurance that would cover accidents? My experience attending an estate sale is that the items are left in the house and people walk through the house and look at items that have been pre-priced by the estate sale company. The customers have free reign in all areas of the home. My nephew's house had some unstable areas such as an outdoor deck with spongy deck boards, a loose banister, and some dips in the flooring where someone could trip and fall. I did not want to take any risk that something would happen and the house insurance would end up with a large claim.
LayaS (Nebraska)
Posts: 249
Posts: 249
Posted:
Quote:
Posted By LayaS on 09/07/2024 12:52 PM
This discussion brings up a question which I did not research. Who is responsible for accidents when someone is injured. Is it the company conducting the sale or the owner's insurance that would cover accidents? My experience attending an estate sale is that the items are left in the house and people walk through the house and look at items that have been pre-priced by the estate sale company. The customers have free reign in all areas of the home. My nephew's house had some unstable areas such as an outdoor deck with spongy deck boards, a loose banister, and some dips in the flooring where someone could trip and fall. I did not want to take any risk that something would happen and the house insurance would end up with a large claim.
This discussion brings up a question which I did not research. Who is responsible for accidents when someone is injured. Is it the company conducting the sale or the owner's insurance that would cover accidents? My experience attending an estate sale is that the items are left in the house and people walk through the house and look at items that have been pre-priced by the estate sale company. The customers have free reign in all areas of the home. My nephew's house had some unstable areas such as an outdoor deck with spongy deck boards, a loose banister, and some dips in the flooring where someone could trip and fall. I did not want to take any risk that something would happen and the house insurance would end up with a large claim.
I should have added in the third sentence... or the condo's insurance or HOA's insurance as possibly being responsible for injury claims.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Quote:
Posted By LayaS on 09/07/2024 12:52 PM
This discussion brings up a question which I did not research. Who is responsible for accidents when someone is injured. Is it the company conducting the sale or the owner's insurance that would cover accidents? My experience attending an estate sale is that the items are left in the house and people walk through the house and look at items that have been pre-priced by the estate sale company. The customers have free reign in all areas of the home. My nephew's house had some unstable areas such as an outdoor deck with spongy deck boards, a loose banister, and some dips in the flooring where someone could trip and fall. I did not want to take any risk that something would happen and the house insurance would end up with a large claim.
This discussion brings up a question which I did not research. Who is responsible for accidents when someone is injured. Is it the company conducting the sale or the owner's insurance that would cover accidents? My experience attending an estate sale is that the items are left in the house and people walk through the house and look at items that have been pre-priced by the estate sale company. The customers have free reign in all areas of the home. My nephew's house had some unstable areas such as an outdoor deck with spongy deck boards, a loose banister, and some dips in the flooring where someone could trip and fall. I did not want to take any risk that something would happen and the house insurance would end up with a large claim.
The owner of the property on which a person is injured is the one responsible. This is why this is such an issue for condos - everything outside of a unit is common elements, so the association's master policy would come into play.
If the property you want to sell has some unsafe spots, you're taking a risk allowing potential buyers to walk through.
DeanJ
Posts: 1,786
Posts: 1,786
Posted:
There are companies that that will photograph all items, conduct an online auction, and ship the items.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Quote:
Posted By DeanJ on 09/09/2024 4:00 AM
There are companies that that will photograph all items, conduct an online auction, and ship the items.
There are companies that that will photograph all items, conduct an online auction, and ship the items.
Thanks for the tip - the relative's house is in a large city, so I hope I can find a company that does that, or at least does the sale the way Cathy noted - online sale, then come to the house for pickup. Since this conversation started, I did a little more digging and it's suggested the pickups should be scheduled so you don't get a hoard of cars and people showing up all at once, creating a risk for injuries, more theft and who knows what else.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Quote:
Posted By SheliaH on 09/09/2024 8:27 AM
Posted By DeanJ on 09/09/2024 4:00 AM
There are companies that that will photograph all items, conduct an online auction, and ship the items.
There are companies that that will photograph all items, conduct an online auction, and ship the items.
Thanks for the tip - the relative's house is in a large city, so I hope I can find a company that does that, or at least does the sale the way Cathy noted - online sale, then come to the house for pickup. Since this conversation started, I did a little more digging and it's suggested the pickups should be scheduled so you don't get a hoard of cars and people showing up all at once, creating a risk for injuries, more theft and who knows what else.
Reach out to some probate attorneys for recommendations on Estate Auctioneers or Liquidators.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Quote:
Posted By LetA on 09/10/2024 9:58 AM
Thanks for the tip - the relative's house is in a large city, so I hope I can find a company that does that, or at least does the sale the way Cathy noted - online sale, then come to the house for pickup. Since this conversation started, I did a little more digging and it's suggested the pickups should be scheduled so you don't get a hoard of cars and people showing up all at once, creating a risk for injuries, more theft and who knows what else.
Posted By SheliaH on 09/09/2024 8:27 AM
Posted By DeanJ on 09/09/2024 4:00 AM
There are companies that that will photograph all items, conduct an online auction, and ship the items.
There are companies that that will photograph all items, conduct an online auction, and ship the items.
Thanks for the tip - the relative's house is in a large city, so I hope I can find a company that does that, or at least does the sale the way Cathy noted - online sale, then come to the house for pickup. Since this conversation started, I did a little more digging and it's suggested the pickups should be scheduled so you don't get a hoard of cars and people showing up all at once, creating a risk for injuries, more theft and who knows what else.
Reach out to some probate attorneys for recommendations on Estate Auctioneers or Liquidators.
And thanks for YOUR tip! (Boy, I'll be glad when we finally get this done!)
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KellyM3 (North Carolina)
Posts: 2,239
Posts: 2,239
Posted:
This doesn't make any common sense, team.
DeborahD3 (North Carolina)
Posts: 6
Posts: 6
Posted:
Thank you to everyone who posted , a lot of issues involved. We are leaning toward online sale but have not fully decided yet.Thanks again the post and info.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Quote:
Posted By KellyM3 on 09/11/2024 8:34 PM
This doesn't make any common sense, team.
This doesn't make any common sense, team.
If you can provide factual information about why estate sales are different, I'm willing to listen. Our attorney has said they're not. Once you strip out the emotions, you're left with an exchange of money for material goods. Insurers don't give associations a pass because they're being kind.
And allowing in person sales isn't even necessary, given the options for on-line sales. They can even be easier on the bereaved family - sorting through a deceased person's stuff is *hard*.
KellyM3 (North Carolina)
Posts: 2,239
Posts: 2,239
Posted:
You incurred legal fees to get a legal opinion. The attorney did their job and billed you....but I hope not.
In my years of service, I've moved beyond my inflexible, rules-focused, desire to create a better community even if I must be a bully to achieve it. When HOA leaders shut down their common sense thinking to focus on flexing power - not to help someone temporarily but to crackdown on a rules issue - I find it disappointing. This story of the estate sale meets that mark.
You could just as easily craft rules on days of the sale, parking restrictions, hours of operation and sign restrictions to allow the family to come in - then get out - of your HOA "hair." Power can be utilized multiple ways and HOA boards can weigh factors to both serve families and protect the community in limited circumstances.
We only die once. This person will never need to "violate" your rules again. I actually think the HOA attorney would rather allow an estate sale than appear before a local judge to hear this. It sounds heartless.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Quote:
Posted By KellyM3 on 09/18/2024 10:34 PM
It sounds heartless.
It sounds heartless.
And that's the problem: this is an emotional take on a financial and legal issue.
I can pretty much guarantee that if someone is injured on the common elements during the sale, and the association's insurer says "you're not covered for this" and the entire community gets to divvy up the settlement amount and pay it out of their personal funds, you'll get an entire community of "heartless" people who will blame the board. Our attorney has seen such things, it's why he was so adamant about it. Of course this may be less of an issue in HOAs where people are more likely to be on private property and the association won't be involved, in which case those boards can do what they feel is appropriate.
Fortunately the existence of things like online sales can make the issue moot. And such things can be easier on the family, since it allows a neutral third party to handle the mechanics of the sale.
(FWIW, I lost a loved one in 2022. I'm still grieving. Nothing will change that, or make it less awful. I've been permanently changed by the loss. That's how it's supposed to be.
And no, we didn't pay the attorney for his advice on this particular topic because it was general advice and not specific to our community. And why would he waive his fee if he had done legal work for our association? Strip away the emotions around death from the issue, and it becomes very clear. The law and insurance companies don't give anyone a pass because they're hurting.)
We don't deal well with death in this country. So we have arguments over estate sales as a proxy for the conversations we don't know how to have.
LayaS (Nebraska)
Posts: 249
Posts: 249
Posted:
Quote:
Posted By CathyA3 on 09/07/2024 2:26 PM
Posted By LayaS on 09/07/2024 12:52 PM
This discussion brings up a question which I did not research. Who is responsible for accidents when someone is injured. Is it the company conducting the sale or the owner's insurance that would cover accidents? My experience attending an estate sale is that the items are left in the house and people walk through the house and look at items that have been pre-priced by the estate sale company. The customers have free reign in all areas of the home. My nephew's house had some unstable areas such as an outdoor deck with spongy deck boards, a loose banister, and some dips in the flooring where someone could trip and fall. I did not want to take any risk that something would happen and the house insurance would end up with a large claim.
This discussion brings up a question which I did not research. Who is responsible for accidents when someone is injured. Is it the company conducting the sale or the owner's insurance that would cover accidents? My experience attending an estate sale is that the items are left in the house and people walk through the house and look at items that have been pre-priced by the estate sale company. The customers have free reign in all areas of the home. My nephew's house had some unstable areas such as an outdoor deck with spongy deck boards, a loose banister, and some dips in the flooring where someone could trip and fall. I did not want to take any risk that something would happen and the house insurance would end up with a large claim.
The owner of the property on which a person is injured is the one responsible. This is why this is such an issue for condos - everything outside of a unit is common elements, so the association's master policy would come into play.
If the property you want to sell has some unsafe spots, you're taking a risk allowing potential buyers to walk through.
Cathy, Your words of caution entered my mind as well but I had a house to sell so I had to take a small risk. My realtor brought two prospective buyers into the house. My realtor was well aware of the places in the home where there was some damage to the flooring both inside and outside on the wooden deck. These buyers are house flippers. I ended up selling the house to one of the flippers for $10,000 over asking price. Bringing two prospective buyers into the house versus holding an estate sale have different levels of risk.
On-line estate sales sounds like a really good option.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
I have no problem with people taking a risk with their own personal property.
My issue is when association boards knowingly risk having an uninsured casualty on common area. In this situation, it means they are prioritizing the interests of people who aren't even members of the association (unless one or more has inherited the unit) ahead of the financial well being of those to whom the board owes a fiduciary duty. To me the issue can't be any clearer. It's only unclear because it involves death. If we were talking yard sales, this wouldn't even be a discussion - and an estate sale is a yard sale under a different name (and with more emphasis on keeping good records because the items are likely part of the estate).
If a board wants to go ahead with the estate sale, they should contact the association's insurer, describe their plans, and ask if the association is insured if one of the attendees is injured on association property. If yes, great! Knock yourselves out. If no, then the board can't pretend that they are protecting the interests of the association. Clear thinking is needed, because the insurer *will* be thinking clearly if things go sideways. And the current troubles in the insurance market raise the stakes on this.
Board members are elected to make tough decisions, and this is one of them - although the availability of online estate sales should make the whole thing moot.
My issue is when association boards knowingly risk having an uninsured casualty on common area. In this situation, it means they are prioritizing the interests of people who aren't even members of the association (unless one or more has inherited the unit) ahead of the financial well being of those to whom the board owes a fiduciary duty. To me the issue can't be any clearer. It's only unclear because it involves death. If we were talking yard sales, this wouldn't even be a discussion - and an estate sale is a yard sale under a different name (and with more emphasis on keeping good records because the items are likely part of the estate).
If a board wants to go ahead with the estate sale, they should contact the association's insurer, describe their plans, and ask if the association is insured if one of the attendees is injured on association property. If yes, great! Knock yourselves out. If no, then the board can't pretend that they are protecting the interests of the association. Clear thinking is needed, because the insurer *will* be thinking clearly if things go sideways. And the current troubles in the insurance market raise the stakes on this.
Board members are elected to make tough decisions, and this is one of them - although the availability of online estate sales should make the whole thing moot.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Quote:
Posted By LayaS on 09/21/2024 5:39 AM
Cathy, Your words of caution entered my mind as well but I had a house to sell so I had to take a small risk. My realtor brought two prospective buyers into the house. My realtor was well aware of the places in the home where there was some damage to the flooring both inside and outside on the wooden deck. These buyers are house flippers. I ended up selling the house to one of the flippers for $10,000 over asking price. Bringing two prospective buyers into the house versus holding an estate sale have different levels of risk.
On-line estate sales sounds like a really good option.
Cathy, Your words of caution entered my mind as well but I had a house to sell so I had to take a small risk. My realtor brought two prospective buyers into the house. My realtor was well aware of the places in the home where there was some damage to the flooring both inside and outside on the wooden deck. These buyers are house flippers. I ended up selling the house to one of the flippers for $10,000 over asking price. Bringing two prospective buyers into the house versus holding an estate sale have different levels of risk.
On-line estate sales sounds like a really good option.
Your point about flippers is a good one.
When boards hear "estate sale", they may view it as a kind deed for a former neighbor whom everyone liked and will miss. (I know - because this question came up in my community when my neighbor died.)
In practice, sale attendees may well be be strangers. Or they may be greedy relatives who didn't give a hoot about Grammy when she was alive, but they want to get their mitts on her jewelry. Meanwhile, Grammy doesn't care - she's beyond all that.
The only people who are likely to be upset are the immediate family who probably will be grieving. It's really hard to say "no" to them. Being able to point to the lack of insurance is helpful, because it shows that the decision isn't arbitrary or personal.
LayaS (Nebraska)
Posts: 249
Posts: 249
Posted:
Quote:
Posted By CathyA3 on 09/21/2024 8:42 AM
Posted By LayaS on 09/21/2024 5:39 AM
Cathy, Your words of caution entered my mind as well but I had a house to sell so I had to take a small risk. My realtor brought two prospective buyers into the house. My realtor was well aware of the places in the home where there was some damage to the flooring both inside and outside on the wooden deck. These buyers are house flippers. I ended up selling the house to one of the flippers for $10,000 over asking price. Bringing two prospective buyers into the house versus holding an estate sale have different levels of risk.
On-line estate sales sounds like a really good option.
Cathy, Your words of caution entered my mind as well but I had a house to sell so I had to take a small risk. My realtor brought two prospective buyers into the house. My realtor was well aware of the places in the home where there was some damage to the flooring both inside and outside on the wooden deck. These buyers are house flippers. I ended up selling the house to one of the flippers for $10,000 over asking price. Bringing two prospective buyers into the house versus holding an estate sale have different levels of risk.
On-line estate sales sounds like a really good option.
Your point about flippers is a good one.
When boards hear "estate sale", they may view it as a kind deed for a former neighbor whom everyone liked and will miss. (I know - because this question came up in my community when my neighbor died.)
In practice, sale attendees may well be be strangers. Or they may be greedy relatives who didn't give a hoot about Grammy when she was alive, but they want to get their mitts on her jewelry. Meanwhile, Grammy doesn't care - she's beyond all that.
The only people who are likely to be upset are the immediate family who probably will be grieving. It's really hard to say "no" to them. Being able to point to the lack of insurance is helpful, because it shows that the decision isn't arbitrary or personal.
I'm lucky as there were no greedy relatives to deal with.
GregoryT1
Posts: 315
Posts: 315
Posted:
Hi it's a complicated topic and some good suggestions out there by Cathy and Laya. Also the online estate process is a good one also.
The flip side is the grieving family. I just went through a similar process and I will give my take on it.
The siblings and I moved our folks to a senior home and I was in charge in getting the house on the market. The number one theme was that the stuff needed to be going to people family, friends, neighbors, charities etc. We did a lot of what Laya said. The second item was mom wanted to sell her stuff. It was tough to tell her and my one sibling that her Corningware was not worth $10000. I kid you not. Out here in NJ the clean out services some of them will conduct estate sales and have antique stores. Well we had two of them come onsite and flat out told my mom she does not have anything which qualified for an estate sale. She and the other sibling had to calm down and with some relief as folks and charities was able to cart some of the stuff and the clean out service threw out the junk.
1. The person my mom was alive and kicking and the underlying item for mom and an estate sale was to "make money".
2. The grieving family really is trying to liquidate tangible assets for a monetary return. It's a transaction. No different than when we are executors of wills and we got to get the house and cars and financials sold or transferred to correct folks. The family finds the estate sale a tidy solution for themselves and they should take into account a sloppy solution for the condo.
I like the idea of an internet method. Also telling the family about insurance etc.
This is my opinion and the $10,000 Corningware set if anyone wants it.
The flip side is the grieving family. I just went through a similar process and I will give my take on it.
The siblings and I moved our folks to a senior home and I was in charge in getting the house on the market. The number one theme was that the stuff needed to be going to people family, friends, neighbors, charities etc. We did a lot of what Laya said. The second item was mom wanted to sell her stuff. It was tough to tell her and my one sibling that her Corningware was not worth $10000. I kid you not. Out here in NJ the clean out services some of them will conduct estate sales and have antique stores. Well we had two of them come onsite and flat out told my mom she does not have anything which qualified for an estate sale. She and the other sibling had to calm down and with some relief as folks and charities was able to cart some of the stuff and the clean out service threw out the junk.
1. The person my mom was alive and kicking and the underlying item for mom and an estate sale was to "make money".
2. The grieving family really is trying to liquidate tangible assets for a monetary return. It's a transaction. No different than when we are executors of wills and we got to get the house and cars and financials sold or transferred to correct folks. The family finds the estate sale a tidy solution for themselves and they should take into account a sloppy solution for the condo.
I like the idea of an internet method. Also telling the family about insurance etc.
This is my opinion and the $10,000 Corningware set if anyone wants it.
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