{"id":1383,"date":"2017-03-21T08:41:13","date_gmt":"2017-03-21T14:41:13","guid":{"rendered":"http:\/\/estatesales.org\/university\/?p=1383"},"modified":"2017-03-21T08:41:13","modified_gmt":"2017-03-21T14:41:13","slug":"estate-sale-dangers-liabilities","status":"publish","type":"post","link":"https:\/\/estatesales.org\/university\/estate-sale-dangers-liabilities\/","title":{"rendered":"Estate Sale Dangers and Liabilities"},"content":{"rendered":"

Avoid Harming Clients, Customers, and Yourself<\/span><\/h3>\n

An estate liquidator faces numerous liabilities when walking into someone\u2019s home with the intent to open it up to the public. This is one reason why people hire an estate sale company<\/a> in the first place. A professional knows how to make sure everyone stays protected, bodily, legally and financially. Selling to the public can open up a whole grey area of litigiousness, which can be tricky and expensive to navigate alone or thoughtlessly. With rapid changes in the industry and\u00a0more people needing liquidation services, estate sale contracts<\/a> are getting longer and more complex. If anything bad happens, you need to make sure you\u2019re covered.<\/p>\n

\"Estate<\/p>\n

Proper insurance is key\u2014for both the estate sale company and the homeowner. Did you know most home insurance policies become null and void after a certain period of inoccupancy? This means if the estate owner passed away weeks or even days prior, there could be a lapse in coverage. This is not something you want to find out the day of the sale, or worse, when it\u2019s too late. Make sure the home insurance policies are current and can cover the cost of damage in a worst case scenario.<\/p>\n

Insurance is protection in case something happens<\/span> on the premises<\/span><\/i>. But insurance won\u2019t help if you sell something from the estate that\u2019s illegal or harmful. Depending on the offense, you could get hit with a hefty fine, sued in civil court, or even serve jail time. <\/span><\/p>\n

Taking the time to get educated <\/span>before<\/span><\/i> making these mistakes can save money and heartache later. We talked to estate sale veterans, American Society of Estate Liquidators (ASEL<\/a>\u2019s) Julie Hall and National Estate Sale Association (NESA<\/a>\u2019s) Martin Codina to get their thoughts on these common dangerous issues often encountered when holding an estate sale.<\/span><\/p>\n

Items to Think Twice About Selling<\/span><\/h2>\n

1. Discontinued Toys<\/h3>\n

Tons of toys have been discontinued, especially vintage ones, and sometimes they show up at estate sales. The question is, is it legal to sell dangerous, discontinued toys<\/a> like Clackers, Cabbage Patch Snacktime dolls, \u201cslap\u201d bracelets, some versions of the Easy Bake oven, or Jarts\u2014to name just a few? Some people might say the toys will just stay in the box as collectibles, or that Jarts don’t kill people. . . people kill people.<\/span><\/p>\n

There are state laws concerning this. Of course since no one is actively checking up on estate sales, it\u2019s ultimately up to the estate sale company to decide whether or not the risk of breaking state laws or causing possible injury is worth it. (Everyone we talked to agrees:\u00a0no, it isn\u2019t okay<\/em>!)<\/p>\n

\"guns2. Firearms<\/b><\/h3>\n

Not only is the subject of selling firearms a huge\u00a0grey area, it\u2019s also a hot political topic. It\u2019s true people have a right to own guns, and when they die, someone has to handle the estate’s firearms. As an estate sale liquidator\u00a0you have a few options:<\/span><\/p>\n

a. Suggest your client contact an FFL dealer<\/a> <\/strong>to handle the sale of all firearms. A word on referrals: some estate sale companies avoid referrals to avoid any possible liabilities. It\u2019s an easy way to avoid any hassles that may arise. Unless you\u2019re super familiar with the company whose services you recommend, it may be safer, to stay general in your recommendations.<\/p>\n

b. Let an auctioneer handle the firearms.<\/strong> Auctioneers have licenses and are used to dealing with items that go beyond the normal scope of an estate sale, like firearms. If you don\u2019t know anything about firearms, (or farm equipment or fine art or jewelry, etc.) it\u2019s a good idea to let an expert handle it who does.<\/p>\n

c. Handle the sale yourself at your own risk.<\/strong> Consult your state laws regarding selling firearms at private sales<\/a>\u00a0or talk to your state official. In general estate sales are treated as \u201cprivate sales\u201d and private sale gun laws vary per state.<\/p>\n

A word on this: Finding the right answers to legal questions can be like searching for a needle in a haystack. In case you haven\u2019t noticed, people in government can be hard to get a hold of, and legalese isn\u2019t often clear. Between outdated website content and infuriating phone trees, finding information can be a chore. Not to mention all the conflicting information out there. Organizations like ASEL and NESA that are made up of living, breathing estate sale veterans can steer you in the right direction.<\/p>\n

3. Knives<\/b><\/h3>\n

Like guns, knives are often found in estates across the U.S. and are subject to state laws. Julie Hall points out many states have a \u201cfixed\u201d versus “folded\u201d law, as well as limits on length. Like firearms, knives considered \u201cvintage\u201d or \u201cantique\u201d may be subject to even different laws.<\/p>\n

4. Food<\/strong><\/h3>\n

It might sound preposterous, but some estate sale companies think it\u2019s okay to sell off someone\u2019s old pantry leftovers because hey, they\u2019re canned. This is not okay! In fact many states have laws requiring special licenses or certifications to sell food to the public\u2014for good reason. <\/span><\/p>\n

When coming into someone else\u2019s estate, Martin Codina points out, you don\u2019t know anything about that food, how long it\u2019s been there, or how it\u2019s been handled. Selling it to someone who plans to consume it is a risk not worth taking. Throw out all\u00a0food\u00a0or donate the canned goods.<\/span><\/p>\n

\"Liquor<\/p>\n

5. Alcohol<\/b><\/h3>\n

You\u2019re likely to run into alcohol at an estate, and most of the time alcohol keeps for ages. Does this mean you should sell it? Absolutely not. There are probably laws against selling bottles of booze\u00a0in your state (and definitely concerning selling to minors or criminals), and selling half-used items of anything is pretty tacky.<\/span><\/p>\n

6. Drugs or Contraband<\/b><\/h3>\n

Just say no. . . to selling drugs that could potentially hurt your customers and get you in trouble. (To be safe, just say no to selling drugs of any kind). It\u2019s not unusual to find over-the-counter medications and prescriptions drugs at an estate. Here are a few items bound to pop up:<\/span><\/p>\n

a. Over-the-counter medications<\/strong><\/p>\n

We all have these laying around, from innocuous pills like Advil or Tylenol to more regulated o-t-c meds like cough medicines. While most estate sale companies probably wouldn\u2019t sell them, the issue is they\u2019re likely to just throw them away.\u00a0<\/span>Don\u2019t do this!<\/span><\/p>\n

While it might have been okay in the \u201cold days\u201d to just toss old medications, now we know more about what happens to these drugs after they\u2019re trashed – and it\u2019s not pretty. They get into the water system, endanger wildlife, and ultimately affect our delicate eco-system. Sure, it\u2019s much easier to toss it and forget it\u2014especially if you conduct a lot of estate sales. But don\u2019t let this stop you from being diligent. There are <\/span>proper ways to dispose of medication<\/a>. Julie Hall suggests techniques<\/span>\u00a0like packing pills with coffee grounds or neutralizing meds in white vinegar.<\/span><\/p>\n

Some cities even have Drug Drives, like Shredding Events, where you can dispose of drugs safely and properly.<\/span><\/p>\n

\"medication<\/p>\n

b. Prescription medication, including narcotics or opioids<\/strong><\/p>\n

This should be a no-brainer, considering it\u2019s a federal offense to take medicine that\u2019s not prescribed to you. Dispose of them properly, or turn them in to a medical facility. Two things to watch out for around narcotics and opioids especially:<\/span><\/p>\n