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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I red a company to hold an estate sale. I informed the

Customer Question

I hired a company to hold an estate sale for myself. I informed the representative that this was not about liquidating the property but this was about making money.
At the time of signing the contract I asked them if they did research on small collections to find out the value of items, and was told they absolutely do. That they are very good at there job. I had two garages full of collectible items, some I hadn't seen in 20 years. I asked about cleaning of items in said garages, (mostly because if you present something as trash it will sell as trash) he said not to worry that they have someone come in and clean and then they go through and price things. I also had one garage full of various tools, in my estimation, at fair market value 5000.00 in tools alone.
My third biggest concern was security, do to the fact of the area I live in. He said they provide all security and he was from the South Bay, and I could rest assured there would not be a problem.
I can obtain notarized statements from several people not in relations to me at all, stating there was no security, and people were stuffing their pockets and purses full.
They did not empty out one garage until the second day of the sale, stating they didn't have room for it yet. On the first night of the sale, I drove by my house about 1 am, to find the back gate of property wide open. I stopped and walked into property to find my back door wide open. I immediately called 911. The house had been broken into and a large costume jewelry collection, along with a knife collection and a lighter collection had been stolen. The police and I were there watching a surveillance video until 4 am. Surveillance which I already had in place. I text the person conducting the sale and told him I think he should end the sale, because of the break in. He the persuaded me to continue the sale saying what they took was insignificant and they were bringing in a few more guys today to empty out the other garage and to provide security. To my knowledge through other people, no security was added and the contents from the other garage was stuffed into the sale garage and not cleaned or priced, in fact, he was informing people that wait until Sunday then everything is half price.
On the third and final day of the sale I returned to the property to obtain the security DVR to take back down to the sheriff department, as I walked in the front door I observed Victor in the living room alone, typing something on his phone, as he turned around I greeted him and told him the reason for my being on the property. He then stepped in front of me and said it happened again last night. I asked him what had, and he said they came in again last night. I asked him is he had called the sheriff's and he said no, that he was running a sale and he couldn't see anything they took. When I went back to retrieve the DVR it was gone.
It is my estimation that at fair market value the estate should have been worth about $22000.00 This cost is an estimate at fair market value, due to the fact that I ran estate sales for 10 years.
The company sales were $8404.00 which they kept 40%.
What I want is a fair settlement of 11000.00 due to the fact that they did not do what they said they were going to do and the cost of repairing the house from the break-ins of $1000.00 and the cost of replacing the solar modem, which they sold that was part of the house and running at the time.
My question is do you think I have a case?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I suggest based on what you state here, you have a basis for a lawsuit for breach of contract.

They did not provide the security as you requested and they agreed to. Additionally, it seems they did not work in your best interest as your agent for the sales and indicative of that, is the fact they were telling people to come back days later when items would be reduced.

To answer your question, yes. I suggest you have a basis for a breach of contract.