Seller Terms

To list sales or items on EstateSail, you must be at least 18 years old, legally able to enter into a binding contract, and operating in a jurisdiction where EstateSail is available. If you are signing up on behalf of a business, you represent that you have authority to bind that business.

EstateSail may decline a seller application or suspend a seller account at any time, with or without cause, including for failure to meet identity verification, payment processor onboarding, tax, or licensing requirements.

You are responsible for keeping your account credentials confidential and for all activity under your account. Notify EstateSail support immediately at support@estatesail.us if you suspect unauthorized access. Do not share your seller credentials with helpers or staff; create separate user accounts where appropriate.

Listings must be accurate, complete, and not misleading. Item titles, descriptions, photos, dimensions, condition notes, quantity, pricing, and any sale specific rules must reflect what the buyer will actually receive. You must promptly update or remove a listing if it becomes inaccurate.

Estate sale merchandise is typically used, vintage, antique, or otherwise pre-owned. You are responsible for inspecting items before listing them, accurately describing condition (including damage, repairs, missing parts, working/non-working status, and any safety concerns), and providing photos that fairly represent the item.

You may not knowingly list items that are damaged in a way that is not disclosed, that have been recalled, that are counterfeit, or that you do not have the right to sell.

EstateSail may offer tools that suggest titles, descriptions, categories, condition notes, measurements, prices, or other listing content using automated systems and artificial intelligence. AI assisted output is provided as a starting point only.

You remain responsible for reviewing, editing, approving, and publishing all listing content, including AI assisted output. Publishing AI assisted content as your listing is your representation that you have reviewed it and that it accurately reflects the item. EstateSail does not warrant that AI assisted content is complete, accurate, current, or suitable for any particular item, and you may not rely on it as a substitute for your own inspection.

You may not list, sell, or transfer items that violate the EstateSail Prohibited Items Policy or applicable law. EstateSail may, in its sole discretion and without notice, remove listings, cancel orders, hold or reverse payouts, suspend or terminate accounts, and report activity to authorities if we reasonably believe an item or transaction violates that policy or law.

You are the seller of record. When you list items for sale through EstateSail — whether through the online marketplace, an auction, or in-person checkout — you are the merchant of record for every transaction. EstateSail provides software, payment-routing infrastructure, and listing tools; EstateSail is not a party to the sale and does not act as a marketplace facilitator under state sales-tax law. EstateSail does not collect or remit sales tax on your behalf.

You are solely responsible for: (a) determining whether you are required to collect sales, use, occupancy, transfer, value-added, or other taxes in any jurisdiction in which you sell; (b) registering with the appropriate taxing authorities and maintaining any required seller's permit, resale license, or business registration; (c) configuring the correct tax rate inside EstateSail for each sale; (d) collecting the correct amount of tax from each buyer; and (e) filing returns and remitting all collected tax to the appropriate authorities on time. EstateSail is not your tax advisor, does not provide tax, accounting, or legal advice, and does not represent that any automated tax calculation in the platform is sufficient for your tax obligations. You are responsible for consulting a qualified professional in your jurisdiction.

Your tax representations. By creating a seller account, you represent and warrant that: (1) you hold, or will hold before your first taxable sale, any seller's permit, resale license, or business registration required by your jurisdiction; (2) you will accurately collect, report, and remit all applicable sales, use, and similar transaction taxes; (3) the information you provide to EstateSail and to the payment processor (Stripe, Square) is true and complete; and (4) you will not use EstateSail to facilitate any sale that is unlawful where the buyer or seller is located.

Acknowledgment on sign-up. When you create a seller account in the EstateSail iOS app, you are required to affirmatively acknowledge the obligations in this section. EstateSail records the date and version of your acknowledgment with your account. If this section is materially updated, EstateSail may require a renewed acknowledgment before you continue using the platform.

You are solely responsible for obtaining and maintaining all licenses and permits required to conduct your sales, including any business licenses, resale permits, occupancy permits, alcohol or firearms-adjacent permits where applicable, and any required auctioneer licensing.

Several states require auctioneers to be licensed. If you are running auctions on EstateSail, you must hold a valid auctioneer license in every jurisdiction where one is required. EstateSail does not verify auctioneer licenses and is not responsible for unlicensed auction activity.

Payments on EstateSail are processed by third-party payment providers, currently Stripe and Square. To accept payments, you must complete onboarding with the chosen provider, agree to that provider's terms, and pass that provider's verification, KYC, and ongoing risk monitoring.

EstateSail is not a payment processor, money transmitter, bank, escrow agent, or fiduciary. EstateSail does not guarantee that any payment provider will approve, retain, or release funds, and is not liable for processor decisions, holds, freezes, reserves, downtime, or fees.

EstateSail charges platform fees for use of its marketplace and integrated payment tools. These platform fees are separate from, and in addition to, any fees charged by a payment provider (such as Stripe or Square card processing fees) and any credit card surcharge you choose to pass to buyers in your own checkout settings.

Online marketplace fee (5%). EstateSail charges a platform fee equal to five percent (5%) of each online marketplace order processed through the EstateSail web store, online auctions, or other online checkout. Depending on your sale settings, this 5% fee is either shown to the buyer as a separate line item at checkout (when you choose to pass the fee to the buyer) or deducted from your payout (when you do not). You control this behavior in your sale settings.

In-person card fee (1%). EstateSail charges a platform fee equal to one percent (1%) of each in-person card sale processed through EstateSail's integrated payment paths, currently Stripe Tap to Pay / Terminal and Square Tap to Pay. This 1% fee is deducted from your payout and is never added to the amount the buyer pays. It applies to contactless and manually keyed card payments on these integrated paths. It does not apply to cash or to non-card direct methods (for example, Venmo, PayPal, Zelle, or a cash tender recorded through a payment prompt), and it does not apply to payments processed outside EstateSail's integrated card paths.

How fees are collected. You authorize EstateSail and its payment providers to calculate, withhold, and collect these platform fees automatically at the time of each transaction, including through the payment provider's application fee or additional-recipient mechanisms (for example, Stripe application fees and Square app fees), and to deduct them from your payout before funds are deposited to your connected account, or to recover them from future payouts or by other lawful means.

Relationship to other charges. Payment processor fees are charged by the payment provider and are separate from EstateSail's platform fees. Any credit card surcharge you configure in your checkout settings is your charge to the buyer and is separate from EstateSail's 1% in-person and 5% online platform fees. Sales tax, shipping, and any buyer-facing service fee are handled as described in these Seller Terms and the Marketplace Terms.

Reporting. Platform fees collected by EstateSail are reflected in your in-app and web sales reports and in exported transaction reports. You are responsible for reviewing your reports and reconciling your payouts.

Changes to fees. EstateSail may change its platform fees prospectively. For any increase to the standard 1% in-person or 5% online platform fee, EstateSail will provide at least thirty (30) days' advance notice by email to the address associated with your seller account, by posting in the seller dashboard, or by other reasonable means. Your continued use of the affected EstateSail payment tools or marketplace after the effective date of the change constitutes acceptance of the updated fees. Promotional, custom, or negotiated rates, where offered, are governed by the separate written terms of that offer.

Payout timing, currency, and any rolling reserves or holds are set by the payment provider you select, subject to that provider's policies, your transaction history, and risk assessment. EstateSail may also withhold or delay payouts where there is a dispute, suspected fraud, suspected violation of these Seller Terms, or where required by law.

If a payout is reversed, charged back, or refunded, EstateSail may recover the corresponding amount from your account, future payouts, or by other lawful means.

Chargebacks and payment disputes are governed by the rules of the underlying card networks and your payment provider. You are responsible for responding to chargebacks promptly with documentation when EstateSail or the provider requests it. Sellers who accumulate excessive chargebacks may have payouts held, accounts suspended, and processing fees increased.

EstateSail may, at its discretion, assist with dispute responses but does not guarantee any particular outcome.

Sellers are responsible for refund decisions consistent with the EstateSail Refund and Pickup Policy and applicable law. Sellers may not advertise more generous refund terms in their listings without honoring them. When a refund is required by law, applicable consumer protection rule, or platform policy, you authorize EstateSail and the payment provider to issue that refund and to debit your account or future payouts as needed.

You are responsible for clearly publishing pickup windows, location, and any sale specific pickup rules, and for staffing the sale during published pickup hours. You must provide reasonable safety, accessibility, and parking information to buyers. Items that are picked up by the wrong buyer, mishandled at pickup, or stolen at the sale premises are your responsibility, not EstateSail's.

Where a buyer fails to pick up within the published window, you may apply your published no-show policy (cancellation, forfeiture, storage fees, donation, or resale), provided that policy is shown on the listing or sale page before purchase.

Shipping is offered only when expressly enabled on a sale or listing. Where you offer shipping, you (or a carrier or shipping service you select) are responsible for accurate shipping options at checkout, packing, handling, labeling, lawful transport, tracking updates, claims, and replacements as required by the carrier and applicable law.

You must not ship items that are restricted or prohibited by the carrier or by law (for example, hazardous materials, certain liquids, certain electronics) without complying with the carrier's and applicable agency's rules.

You are the primary point of contact for buyer questions about your sales, items, pickup logistics, shipping, and refunds. EstateSail support may step in to facilitate communication, but final responsibility for resolving sale specific issues rests with you. You agree to respond to buyer messages and order issues within a reasonable time, generally one business day.

You are responsible for the safety, security, accessibility, and lawful use of your sale premises, and for any required insurance covering the sale, the property, attendees, and your staff. EstateSail does not provide insurance coverage to sellers, attendees, buyers, or premises owners, and does not inspect sale premises for safety or compliance.

You are responsible for following applicable state law and your stated sale rules when handling items that buyers do not pick up, items left at the sale by attendees, and items that the homeowner or estate has not removed from the sale premises. EstateSail is not responsible for the storage, disposal, donation, resale, or return of abandoned items.

EstateSail may, in its sole discretion and without liability, remove listings, edit listing content, cancel orders, hold or reverse payouts, suspend or terminate seller accounts, restrict feature access, and take any other action it deems necessary to enforce these Seller Terms or any other EstateSail policy, comply with law, protect users, or protect the platform.

You agree to defend, indemnify, and hold harmless EstateSail and its officers, directors, employees, contractors, affiliates, licensors, suppliers, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your sales, listings, items, sale premises, communications with buyers or other users, taxes, licenses, AI assisted content you publish, your violation of these Seller Terms or the Marketplace Terms, your violation of any applicable law, or your violation of the rights of any third party.

You and EstateSail are independent contractors. Nothing in these Seller Terms creates an agency, partnership, joint venture, employment, franchise, or fiduciary relationship between you and EstateSail. You may not represent yourself as an employee, agent, or representative of EstateSail.

These Seller Terms incorporate by reference the Marketplace Terms of Service, the Privacy Policy, the Auction Rules, the Prohibited Items Policy, and the Refund and Pickup Policy. By listing on EstateSail, you agree to follow all of those policies as updated from time to time.

EstateSail may send seller notices by email at the address associated with your seller account, by posting in the seller dashboard, or by other reasonable means. Legal notices to EstateSail must be sent in writing to support@estatesail.us.