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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55478
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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We had an estate sale when we sold our mother's house in

Customer Question

We had an estate sale when we sold our mother's house in Chicago Illinois. We contracted (have a copy of a contract) with a company from Orland Park, IlL named AAmes Estates antiques and More Estate Sales with Jackie and Walter Sankowski. We agreed the sale would be Friday June 24th and Saturday June 25th, however the sale was actually Saturday June 25th and Sunday 26th due to the house not being completely ready. The agreement was that after the sale, Jackie said would have a charity to come in and take what they wanted, then the house would be swept clean. Jackie asked us not to be there. We spoke to Jackie on Sunday, she said approximately 40 % of items were sold but was unable to get a hold of her charity. We returned Monday to a full house, garage and basement. We ended up hiring someone to clean (throw away and donate all items) for $1500.00. We never received any money or any answer about how much was sold. The contract agreement states " the AAmes Estate Sales is to receive $750.00 or 30% of the gross profits, which ever is larger." We never even found out how much was sold. What recourse do we have? I called the Chicago Police and were not helpful.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Richard replied 11 months ago.

Hi Laura. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 11 months ago.

What you really want to do here it approach this from the civil side. They are in breach of contract and you do have recourse. And, you want to raise the stakes on them. Send them a certified, return receipt requested letter detailing the history and their failures, and demand they pay you what cost you to have another company clean up and to give you a full and detailed accounting of the initial inventory and each item sold. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that if forced to file this suit you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.

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