Legal · Sellers
Seller Agreement
Effective [EFFECTIVE_DATE] · Last updated [EFFECTIVE_DATE]
Note for review: Companion to the Terms of Service. This is the seller-side contract for estate clients booking our cataloguing service. A lawyer should review alongside the Terms and ensure the disposal authorization (Section 8) is sufficient for your operational needs and complies with provincial waste/donation regulations.
1. Parties and scope
This Seller Agreement (the "Agreement") is between EastBid Inc. ("we," "us") and the individual or estate identified in the booking (the "Seller"). It governs our provision of estate cataloguing, online auction, and (if selected) disposal services for the property identified in the booking.
2. Seller representations
By signing this Agreement, you represent and warrant that:
- You are at least 18 years old and legally competent to enter into this contract.
- You own the items to be auctioned OR you have legal authority to sell them (e.g. you are the executor of the estate).
- If you are acting as an executor, you have provided us with documentation of your authority (probate, letters of administration, or similar).
- No other party has a claim, lien, or security interest on the items.
- The items are not stolen property and their sale does not violate any law.
Note for review: For estate executor cases, consider whether our staff should require sight of probate documents before cataloguing begins, and whether we want an indemnity from the executor personally in addition to from the estate.
3. Our services
3.1 Cataloguing
On the scheduled date (typically a Saturday or Sunday), our team will photograph, measure, describe, and inventory items at the property. We will decide which items to list; items of very low value, excessive bulk, or illegal nature may be excluded.
3.2 Listing and auction
We will publish the items on our Platform under your auction. Listings run for a duration we select based on typical bidder engagement (commonly 5–7 days).
3.3 Payment collection
We collect payment from winning bidders on your behalf. Payments are held by us until the pickup window closes, less our commission and any applicable fees (see Section 6).
3.4 Pickup day coordination
We will staff the pickup day. You do not need to be present, but arrangements must be made for the property to be accessible. If you choose to be present, you agree to follow our staff's safety and process instructions.
4. Your obligations
- Provide safe and legal access to the property on the scheduled dates
- Inform us of any hazards (asbestos, lead paint, structural issues, aggressive pets)
- Disclose any items that should NOT be sold (sentimental items, items promised to family members) BEFORE cataloguing begins
- Disclose known defects, repairs, or condition issues on significant items
- Not remove listed items from the property between cataloguing and pickup, except as agreed
- Pay the cataloguing call-out fee at the time of booking (see Section 6)
5. Item withdrawal
You may withdraw items from the sale at any time before the auction goes live. Once bidding has begun, withdrawal is limited to exceptional circumstances (e.g. an item turns out to be a family heirloom mistakenly included).
If you withdraw a listing after bidding has begun, you agree to pay us a withdrawal fee equal to 15% of the current high bid to compensate us for marketing effort and to compensate the high bidder where appropriate.
6. Fees and commission
6.1 Cataloguing call-out fee
The fee for our cataloguing service is:
- $150 for small properties (1–2 rooms)
- $225 for medium properties (whole house)
- $300 for large properties (house + shed or garage)
This fee is payable at the time of booking and is non-refundable if you cancel within [7] days of the scheduled date.
6.2 Commission
Our commission on each sold item is 27% of the hammer price (before tax). This covers photography, listing, bidder support, payment processing, and pickup staffing.
Note for review: Make sure Stripe's fees are clearly identified as part of the 27%, or, if you want to pass them through to the seller, that needs a separate line here.
6.3 Disposal fee (optional)
If you select "Donate" or "Dispose" for unsold items, a disposal fee of $100 applies, plus actual dump fees at Robin Hood Bay or equivalent facility, charged at cost with receipts provided.
7. Payout
7.1 Timing
Payout is issued to you within [10] business days after the last pickup window closes, allowing time for failed payments, chargebacks, and forfeits to settle.
7.2 Method
Payout is made by direct deposit (EFT) via Stripe. You will be required to complete Stripe's onboarding (banking information, tax ID) to receive payout. We do not issue cheques.
7.3 Reconciliation
You will receive an itemized statement showing: gross sales, our commission, disposal fees, HST collected, and net payout amount.
7.4 Holdbacks
We may hold back 10% of the payout for 30 days to cover potential chargebacks, returns, or disputes. Held funds are released after the holdback period if no issues arise.
8. Unsold items and disposal authorization
At booking, you select one of three dispositions for items that do not sell:
- Keep: you retain all unsold items at no additional cost. You are responsible for removing them from the property.
- Donate: you authorize us to transport unsold items to charitable organizations of our choosing (typically The Salvation Army Thrift Store) and to dispose of anything unsuitable for donation.
- Dispose: you authorize us to dispose of all unsold items at Robin Hood Bay or equivalent waste facility.
Once you select Donate or Dispose, you waive all claims to the unsold items. We make the final decision on what is donated versus disposed based on condition and donation acceptance policies.
You represent that no unsold items contain hazardous materials (old paints, solvents, batteries requiring special disposal) that you have not disclosed. Special-handling disposal costs are billed at cost plus 15%.
9. Item handling and damage
We handle items with reasonable care, but items sold through estate auctions are often fragile, very old, or of uncertain structural integrity. We are not liable for:
- Damage that occurs during normal handling and photography
- Damage that results from pre-existing weakness or deterioration
- Damage that occurs during pickup by the winning buyer (buyer is responsible per the Terms of Service)
We are liable only for damage caused by our team's gross negligence or willful misconduct, and our liability is capped at the reasonable fair market value of the damaged item as assessed by us in good faith.
10. Privacy of your information
We collect and process your personal information as described in our Privacy Policy. Additionally, we will not publicly identify you, your family, or the deceased (in estate cases) in any marketing materials without your explicit consent. The auction may be named descriptively (e.g. "Forest Road Estate, April 2026") but will not include family surnames unless you approve.
11. Cancellation
11.1 By you (Seller)
You may cancel at no charge up to [7] days before the scheduled cataloguing date. Later cancellations forfeit the cataloguing call-out fee. Cancellation after cataloguing has begun is subject to a 50% commission on the expected sale value (our good-faith estimate) as liquidated damages.
11.2 By us
We may cancel and refund your call-out fee if, on arrival or during cataloguing, we determine that:
- The property contains materials hazardous to our team (undisclosed asbestos, biohazards, etc.)
- The items have little or no resale value
- We cannot verify legal ownership
- We identify items that must be reported to authorities
12. Indemnification
You agree to defend, indemnify, and hold us harmless from any claim arising from (a) items you listed not being yours to sell, (b) undisclosed hazards on the property, (c) your breach of this Agreement.
13. Limitation of liability
Except for liability caused by our gross negligence or willful misconduct, our total liability to you under this Agreement is limited to the fees and commissions actually received from your auction. We are not liable for indirect, consequential, or special damages including lost expected sale value.
14. Governing law and disputes
This Agreement is governed by the laws of the Province of Newfoundland and Labrador. Disputes will be resolved in the courts of Newfoundland and Labrador.
15. Signatures
This online version of the Agreement is for reference. A counterpart physical copy will be signed by you and our staff lead at the start of cataloguing. The physical version controls in case of any discrepancy.