{"id":125,"date":"2016-02-18T12:54:45","date_gmt":"2016-02-18T19:54:45","guid":{"rendered":"http:\/\/estatesales.org\/newuniversity\/?p=125"},"modified":"2017-04-28T14:41:29","modified_gmt":"2017-04-28T20:41:29","slug":"should-the-estate-sale-industry-be-regulated","status":"publish","type":"post","link":"https:\/\/estatesales.org\/university\/should-the-estate-sale-industry-be-regulated\/","title":{"rendered":"Should the Estate Sale Industry be Regulated?"},"content":{"rendered":"<p>Estate sale industry regulations are a complex issue. The matters of personal property have always been\u2026personal. When it comes to people\u2019s things, the old cliche is often true: one person\u2019s trash is another one\u2019s treasure. But can just anyone determine what \u201ctreasures\u201d are truly worth? On one hand, it\u2019s a mid-century Kroehler sofa; on the other it\u2019s the very spot where someone\u2019s father proposed back in 1955, a lifetime of memories.<\/p>\n<p><a href=\"http:\/\/estatesales.org\/thegoods\/want-to-sell-vintage-shop-estate-sales\">Selling vintage<\/a> and other personal belongings can be a tricky business, which is why most industries have imposed governing boards that protect both the buyer and the seller when entering into a financial agreement. In fact, to sell just about anything, whether you\u2019re hawking hot dogs or selling a house, you need a license. Realtors must pass a state real estate license exam to sell real estate. Auctioneers go through formal training and usually are required to get hands-on experience through an apprenticeship, depending on the state. Even appraisers, in order to value personal property, must pass a series of courses\u00a0for certification.<\/p>\n<p>However, the estate sale industry, an <a href=\"http:\/\/www.nytimes.com\/2015\/03\/12\/business\/managing-estate-sales-becomes-big-business.html?_r=0\" class=\"broken_link\">industry made up of close to 14,000 operating estate sale companies nationwide and growing<\/a>, doesn\u2019t have a formal licensing board to answer to. There&#8217;s no one to govern the so-called Wild West.<\/p>\n<p>What some people are wondering is: why not?<\/p>\n<h2>Baby Boomers, Google, and the BBB<\/h2>\n<p>While <a href=\"https:\/\/estatesales.org\/companies\">hiring an estate company<\/a> may have once been a matter of every (wo)man for himself, the industry has gotten more complicated with time. The grandparents are dying off, Baby Boomers are downsizing, and those of us who are left have a lot of \u201cstuff\u201d to deal with.<\/p>\n<p>Not only that, consumers of all ages are savvier these days, thanks to the\u00a0Brave New World on the Internet. Most people do a considerable amount of \u201cGoogling\u201d before buying anything at all. This includes looking up where to eat on a Friday night, finding which exterminator offers the best deal, comparing banks to find the most competitive rates \u2014 and yes, choosing who to hire to sell off the things your late mother left behind.<\/p>\n<p>With a growing list of <a href=\"http:\/\/estatesales.org\/estate-sale-companies\">reputable estate sale companies<\/a>, the question arises of whether or not the industry \u2014 both people in need of an estate sale company and estate sale companies themselves \u2014 needs a way to verify and affirm a company\u2019s credentials.<\/p>\n<p>Of course there\u2019s the Better Business Bureau, and most solid estate sale companies do belong to their local BBB. But if this were enough, why wouldn\u2019t it be good enough for the industries that require formal training and licensing? It seems today\u2019s consumers need something more than referrals and testimonials to prove accountability.<\/p>\n<p>\u201cWhen the question to government regulate or not to regulate is raised, consumer protection is typically the motivator,\u201d Cindy Illig Lum of The TimeFinders, LLC wrote on EstateSale.org\u2019s Facebook Group, <a href=\"https:\/\/www.facebook.com\/groups\/estatesalecompanies\" target=\"_blank\" rel=\"noopener noreferrer\" class=\"broken_link\">The Estate Sale Company Network<\/a>.<\/p>\n<p>The people who might benefit most are the ones who need to hire an estate sale company, sometimes in a pinch. Consignors often are going through some sort of life change: divorce, downsizing, or death. They don\u2019t have the time or emotional wherewithal to check individual references amid the upheaval. In their vulnerable state they may fall victim to the few bad apples that, as in any industry, prey on people at their worst.<\/p>\n<p>Licensing, one might argue, could offer both a convenience and a safeguard to the consignor faced with liquidating an estate, a way to vet the more experienced companies from the less qualified.<\/p>\n<p>Lum continued in her post, \u201cThere also seems to be a fear on the part of estate sale company owners that the competition is getting too stiff and we need to thin it out. I think before we call for regulation, we need a better analysis of the \u2018problem.\u2019 What agencies\/groups are in a position to perform the analysis? Once we clearly identify what we are trying to fix, then we can better define the solution.\u201d<\/p>\n<p>Indeed some estate sale companies feel the industry standards should be left well enough alone, a sort of \u201cif it ain\u2019t broke\u201d mentality. As Marian Brown Kirby Ough of Quality Estate Sales stated via The Estate Sale Company Network, \u201cThis has always been a word of mouth business and if you aren&#8217;t ethical and do a responsible job for the family, you won&#8217;t be in business very long. \u201c<\/p>\n<p>The viewpoint is valid. Imagine you\u2019ve been running a successful business for over twenty years, paying your dues, and acquiring highly specialized knowledge that can only be picked up working in the field, just to be told years later that you have to join some outside organization to be considered \u201clegitimate\u201d \u2014 and not only that, you have to pay dues.<\/p>\n<p>Another issue with regulation is the cost. Expert Estates owner and author of <em><a href=\"http:\/\/expertestates.com\/blog\/2015\/6\/9\/estate-sale-business-kit-saving-liquidators-time-trouble-and-money\" target=\"_blank\" rel=\"noopener noreferrer\" class=\"broken_link\">The Estate Sale Business Kit<\/a><\/em> Lisa Kroese pointed out, \u201cThe issue with the creation of federal regulation is how greatly it increases the costs of operating a business and that those costs will have to be passed on to consumers. Many liquidators operate on tight margins already.\u201d<\/p>\n<p>Unfortunately, the solution, like the problem, isn\u2019t so simple.<\/p>\n<h2>Estate Sale Company Associations: ASEL, NAOEL, and NESA<\/h2>\n<p>For now, the estate sale community has come up with a solution by taking matters into its own hands. Self governing organizations like the <a href=\"http:\/\/www.aselonline.com\/\" target=\"_blank\" rel=\"noopener noreferrer\">American Society of Estate Liquidators (ASEL)<\/a>, in business since 2001, and more recently, the <a href=\"https:\/\/naoel.com\/\" target=\"_blank\" rel=\"noopener noreferrer\">National Association of Estate Liquidators (NAOEL)<\/a> and the upcoming <a href=\"http:\/\/nesa-usa.com\/\" target=\"_blank\" rel=\"noopener noreferrer\">National Estate Sale Association (NESA)<\/a> seek to impose order on the rapidly expanding industry. While not official licensing entities, these groups provide education and support, from a tiered certification program, to courses in business basics and more advanced subjects, like appraisal and pricing. Both ASEL and the NAOEL also provide members with contracts and documents necessary for conducting business, as well as in person and over the phone support to help with sales and logistics. NESA is a non-profit trade association and plans to include education and training modules in the future, as well.<\/p>\n<h2>The Estate Lady and the Matriarch of Metro Atlanta<\/h2>\n<p>While the world of auctions may be driven by men, women tend to get things done in the estate sale industry. <a href=\"http:\/\/www.aselonline.com\/\" target=\"_blank\" rel=\"noopener noreferrer\">ASEL<\/a> Director Julie Hall and <a href=\"https:\/\/naoel.com\/\" target=\"_blank\" rel=\"noopener noreferrer\">NAOEL<\/a> Director Donna Davis have been in the business for decades. You could call them both veterans, who not only have entrepreneurial know-how of running an estate sale company \u2014 from pricing and organizing a sale, to managing a team and clients \u2014 they have accumulated the sort of knowledge you can\u2019t just pick up from a book or online course. In fact, they can price just about anything, from rare antiques and art, to everyday items. You name it, and they can probably tell you how much it\u2019s worth in your regional market \u2014 and if not, where to find out.<\/p>\n<figure id=\"attachment_209\" aria-describedby=\"caption-attachment-209\" style=\"width: 133px\" class=\"wp-caption aligncenter\"><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-209 size-full\" src=\"https:\/\/eso-wordpress.s3.us-west-2.amazonaws.com\/university\/wp-content\/uploads\/2016\/02\/21151649\/DonnaDavis.jpg\" alt=\"Donna Davis of NAOEL\" width=\"133\" height=\"159\" \/><figcaption id=\"caption-attachment-209\" class=\"wp-caption-text\">Atlanta-based Donna Davis runs the National Association of Estate Liquidators.<\/figcaption><\/figure>\n<p>\u201cResearch is a huge part of this business: knowing how to research and the correct way to research the price \u2014 that\u2019s very important and being able to back up your pricing, too. And having the data\u2019s not enough. You\u2019ve got to know how to interpret the data,\u201d said Davis.<\/p>\n<p>It\u2019s this sort of hands-on expertise that can benefit a growing industry. Both Davis and Hall have capitalized on their talents to fill the void left by a lack of an official accreditation process, bringing very different backgrounds and life experiences to to an industry they both love. In addition to a love of estate sales and provenance, they have one thing in common: the desire to organize chaos.<\/p>\n<p>\u201cYou don\u2019t go into this industry unless you sleep, eat, and breath it. You love the ability to go into a mess and make something really special out of it and organize it and display it. We thrive on working with the client and helping them through to the next part of their life,\u201d said Hall.<\/p>\n<figure id=\"attachment_211\" aria-describedby=\"caption-attachment-211\" style=\"width: 200px\" class=\"wp-caption aligncenter\"><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-211 size-medium\" src=\"https:\/\/eso-wordpress.s3.us-west-2.amazonaws.com\/university\/wp-content\/uploads\/2016\/02\/21151648\/Julie-Hall-200x300.jpg\" alt=\"Estate sale liquidator Julie Hall\" width=\"200\" height=\"300\" srcset=\"https:\/\/eso-wordpress.s3.us-west-2.amazonaws.com\/university\/wp-content\/uploads\/2016\/02\/21151648\/Julie-Hall-200x300.jpg 200w, https:\/\/eso-wordpress.s3.us-west-2.amazonaws.com\/university\/wp-content\/uploads\/2016\/02\/21151648\/Julie-Hall-683x1024.jpg 683w, https:\/\/eso-wordpress.s3.us-west-2.amazonaws.com\/university\/wp-content\/uploads\/2016\/02\/21151648\/Julie-Hall-1200x1800.jpg 1200w, https:\/\/eso-wordpress.s3.us-west-2.amazonaws.com\/university\/wp-content\/uploads\/2016\/02\/21151648\/Julie-Hall.jpg 1600w\" sizes=\"(max-width: 200px) 85vw, 200px\" \/><figcaption id=\"caption-attachment-211\" class=\"wp-caption-text\">Charlotte-based Julie Hall is the President of ASEL, the leading estate sale professional organization.<\/figcaption><\/figure>\n<p>It\u2019s a business, you can imagine, that not everyone is cut out for.<\/p>\n<p>\u201cIt is just crazy how many people get in [this business], and if we don\u2019t have any way to set ourselves apart, that we&#8217;ve gone through the extra steps and have been tested by somebody, that somebody stands behind that we\u2019re a good company \u2014 at least as far as what our criteria is \u2014 then there\u2019s nothing to separate us from somebody that just started,\u201d said Davis.<\/p>\n<p>The reality is people running estate sale companies are selling someone\u2019s stuff, just as a realtor or auctioneer might, and thus held to professional standards.<\/p>\n<p>\u201cI was a licensed auctioneer and I had to go to school. I had to take a test, I had to get an auctioneer\u2019s license because I collected people\u2019s money and I had to keep a record of what was sold,\u201d said Davis. \u201cWell, that\u2019s no different than was an estate sale company does, and there\u2019s nobody to oversee what we\u2019re doing!\u201d<\/p>\n<h2>NESA: A Non-Profit Trade Association<\/h2>\n<p>In the summer of 2014, a group of eight experienced estate liquidators from around the country met to discuss forming the <a href=\"http:\/\/nesa-usa.com\/\" target=\"_blank\" rel=\"noopener noreferrer\">National Estate Sales Association (NESA)<\/a>, a non-profit association for the estate sale industry. Participants included Martin Codina, author of the book <em><a href=\"http:\/\/www.amazon.com\/Liquidating-Estate-Lifetime-Stuff-About\/dp\/1440236658\" target=\"_blank\" rel=\"noopener noreferrer\">Liquidating an Estate<\/a><\/em>, Berenice Denton, Daniel Sanders, Todd Hughes, and Ashley Wheeler Glass.<\/p>\n<p>Since then, the board has grown to 10 companies committed to developing a not for profit association they believe will benefit the industry. NESA\u2019s 501(c)6 non-profit filing status allows for transparency, as the association and board are guided by By-Laws and Articles of Incorporation that will be publicly filed, and accessible for anyone to see.<\/p>\n<p>NESA plans to officially launch later this year.<\/p>\n<p>\u201cAs a group, we believe that generally estate liquidators across America are doing the best they can to operate as ethically as possible without government regulations of industry practices and behavior,\u201d said Martin Codina. \u201cWe further believe that fostering open communication in our competitive work environment amongst service providers is in the best interest of estate sale companies, their clients, and the future of the profession.&#8221;<\/p>\n<h2>Establishing Credibility in the Industry<\/h2>\n<p>Many estate liquidators have resumes that include antique dealing, <a href=\"https:\/\/estatesales.org\/university\/guide-to-estate-sale-appraisal-and-pricing\">appraisal and pricing<\/a>, selling real estate and <a href=\"https:\/\/estatesales.org\/university\/category\/auctions\">auctioneering<\/a> \u2014 highly specialized yet\u00a0vast knowledge \u2014 and can remember when an estate sale company\u2019s tenure could speak for itself, back when things were as simple as word-of-mouth marketing.<\/p>\n<p>But if there\u2019s one thing that keeps the estate sale industry booming, it\u2019s that nothing stays the same.<\/p>\n<p>\u201cPeople don\u2019t care enough anymore that you&#8217;ve done the business for eight to ten years, or for fifteen years \u2014 everybody says that! There\u2019s so many of us out there that have done it a long time that now it\u2019s just not as important. And that\u2019s why we need something to distinguish ourselves from everybody else getting in the business,\u201d Davis said.<\/p>\n<p>It was this same idea that drove Julie Hall to join ASEL in the early 2000s. Since taking over in 2007, her mission has been simple: to help estate sale companies and consumers with a \u201c360 degree approach.\u201d<\/p>\n<p>\u201cFrom 2007 to today [the industry] has really grown by leaps and bounds. My vision was to offer not only education to newcomers \u2014 because if you\u2019re going to do it, do it right and do it ethically. But it was also to be there as a support system and ongoing education for those that are midway through their careers. They\u2019ve been in it a few years and they need help building business,\u201d said Hall.<\/p>\n<figure id=\"attachment_213\" aria-describedby=\"caption-attachment-213\" style=\"width: 840px\" class=\"wp-caption aligncenter\"><img loading=\"lazy\" decoding=\"async\" class=\"size-large wp-image-213\" src=\"https:\/\/eso-wordpress.s3.us-west-2.amazonaws.com\/university\/wp-content\/uploads\/2016\/02\/21151648\/Customers-at-an-estate-sale-1024x768.jpg\" alt=\"Estate sale customers\" width=\"840\" height=\"630\" srcset=\"https:\/\/eso-wordpress.s3.us-west-2.amazonaws.com\/university\/wp-content\/uploads\/2016\/02\/21151648\/Customers-at-an-estate-sale-1024x768.jpg 1024w, https:\/\/eso-wordpress.s3.us-west-2.amazonaws.com\/university\/wp-content\/uploads\/2016\/02\/21151648\/Customers-at-an-estate-sale-300x225.jpg 300w, https:\/\/eso-wordpress.s3.us-west-2.amazonaws.com\/university\/wp-content\/uploads\/2016\/02\/21151648\/Customers-at-an-estate-sale-1200x900.jpg 1200w, https:\/\/eso-wordpress.s3.us-west-2.amazonaws.com\/university\/wp-content\/uploads\/2016\/02\/21151648\/Customers-at-an-estate-sale.jpg 1440w\" sizes=\"(max-width: 709px) 85vw, (max-width: 909px) 67vw, (max-width: 1362px) 62vw, 840px\" \/><figcaption id=\"caption-attachment-213\" class=\"wp-caption-text\">Customers shopping at a local estate sale<\/figcaption><\/figure>\n<p>Organizations like ASEL, NAOEL, and NESA are especially helpful to new companies just starting out. Fledgling businesses often don\u2019t know where to begin or how to find support. These newcomers could benefit from a clearly defined path that outlines the appropriate steps needed for success. Furthermore, newer companies need access to resources and a community of peers and mentors, especially because knowledge spans a myriad of subjects that can take a lifetime to acquire.<\/p>\n<p>\u201c[It\u2019s] an industry that is very tactile and visual. You have to handle things and look how things are made. Is it pressed glass or cut crystal? Is it a reproduction or an original?\u201d said Hall. \u201cThe best way to learn as you go is to really throw yourself into it. Some people also like to take appraisal courses, so they\u2019re getting even more of an education. But you\u2019ve got to get out there to understand what today\u2019s personal property is worth \u2014 because so much has changed.\u201d<\/p>\n<h2>Other Estate Sale Company Resources<\/h2>\n<p>The recent cropping-up of other accreditation organizations only adds to a newcomer\u2019s learning curve. With no official licensing board, which organization has the most clout? Which offers the best resources? Which is worthy of the yearly dues?<\/p>\n<p>One anonymous estate sale company owner who has been in business for almost three years uses the wide net approach.<\/p>\n<p>\u201cI just listed myself under whatever organizations I could when I started my company. I don\u2019t know the difference between all of them. I don\u2019t know what I pay, to be honest. But I just wanted to be on them in case people do searches. The more places I\u2019m involved in and the more names I have behind me, the better \u2014\u00a0it\u2019s more about the <a href=\"https:\/\/estatesales.org\/university\/estate-sale-company-guide-to-building-an-online-presence\">online presence<\/a> and advertising.\u201d<\/p>\n<p>When asked what she felt she got out of her memberships, she admitted she wasn\u2019t quite sure. \u201cOne sends out <a href=\"https:\/\/estatesales.org\/?forceSubscribeModal\">newsletters<\/a> and those are helpful.\u201d<\/p>\n<p>Despite paying yearly dues, (one organization offered a discount, she noted, although she wasn\u2019t sure which one), she couldn\u2019t say exactly what she was getting for her money aside from the ability \u201cto be found.\u201d<\/p>\n<p>Among the newer estate sale accreditation organizations are the Estate Sale Association (ESA) (<em>Ed. note: the ESA website was temporarily disabled at the time of publication<\/em>) and the Estate Sale Board of America, which are both easily found on the Web.<\/p>\n<h2>To Regulate or Not to Regulate?<\/h2>\n<p>For now, regulation of the estate sale industry doesn\u2019t seem the answer \u2014 at least not yet. With reputable organizations like ASEL and NAOEL having stepped up, and NESA on the way, they are laying the groundwork for other organizations that seek the same end: a safe and lucrative industry.<\/p>\n<p>Does that mean eventual government regulation?<\/p>\n<p>\u201cI think because the industry has been around a very long time, and so many people do it their own individual ways, I think [regulation] can be done, I just don\u2019t know who will do it. I think it\u2019s going to be hard to do,&#8221; Hall said. &#8220;I don\u2019t know why it\u2019s not regulated. I think it\u2019s getting to a point where the industry is getting more and more recognition in the press.&#8221;<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter wp-image-1497\" src=\"https:\/\/eso-wordpress.s3.us-west-2.amazonaws.com\/university\/wp-content\/uploads\/2016\/02\/21151524\/Who-Regulates-the-Estate-Sale-Industry--683x1024.png\" alt=\"Who Regulates the Estate Sale Industry?\" width=\"300\" height=\"450\" srcset=\"https:\/\/eso-wordpress.s3.us-west-2.amazonaws.com\/university\/wp-content\/uploads\/2016\/02\/21151524\/Who-Regulates-the-Estate-Sale-Industry--683x1024.png 683w, https:\/\/eso-wordpress.s3.us-west-2.amazonaws.com\/university\/wp-content\/uploads\/2016\/02\/21151524\/Who-Regulates-the-Estate-Sale-Industry--200x300.png 200w, https:\/\/eso-wordpress.s3.us-west-2.amazonaws.com\/university\/wp-content\/uploads\/2016\/02\/21151524\/Who-Regulates-the-Estate-Sale-Industry-.png 735w\" sizes=\"(max-width: 300px) 85vw, 300px\" \/><\/p>\n<p><em>What do you think? Do you think the estate sale industry should be regulated? Why or why not? Let us know your thoughts in the comments!<\/em><\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Estate sale industry regulations are a complex issue. The matters of personal property have always been\u2026personal. When it comes to people\u2019s things, the old cliche is often true: one person\u2019s trash is another one\u2019s treasure. But can just anyone determine what \u201ctreasures\u201d are truly worth? On one hand, it\u2019s a mid-century Kroehler sofa; on the\u2026<a class=\"more-link\" href=\"https:\/\/estatesales.org\/university\/should-the-estate-sale-industry-be-regulated\/\">Read More<\/a><\/p>\n","protected":false},"author":5,"featured_media":1495,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mi_skip_tracking":false,"footnotes":""},"categories":[19],"tags":[55,29,37,31,35],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v19.2 (Yoast SEO v19.6) - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Are Estate Sales Regulated? | Estate Sale Company Blog<\/title>\n<meta name=\"description\" content=\"Some are in favor of estate sale regulations while others believe the estate sale industry shouldn&#039;t be regulated. 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