Terms of Service
Effective date: August 18, 2026
| Please read these Terms of Service carefully before using our website, attending a sale, or placing a bid. By accessing this site or participating in any JD Estate Sales event, auction, or liquidation, you agree to these Terms. |
1. Who We Are
These Terms of Service (“Terms”) govern your use of the website and services of JD Estate Sales (“JD Estate Sales,” “we,” “us,” or “our”), an estate sale, auction, and liquidation company operating in the State of California. We conduct on-site estate sales, live and online auctions, tag sales, and related liquidation services on behalf of estates, families, fiduciaries, and other clients.
These Terms apply to visitors of our website, registered bidders, walk-in buyers, consignors, and anyone who attends or participates in a sale we conduct.
2. Acceptance of Terms
By visiting our website, creating an account, registering to bid, attending a sale, submitting a bid (in person, by phone, absentee, or online), or purchasing any item, you acknowledge that you have read, understood, and agree to be bound by these Terms and by any sale-specific rules posted at the premises, in a catalog, or on the bidding platform for that event.
If you do not agree, do not use the website or participate in our sales. We may update these Terms from time to time. The “Effective date” above shows the latest revision. Continued use after changes constitutes acceptance of the revised Terms.
If you are acting for a company, trust, estate, or other entity, you represent that you have authority to bind that entity.
3. Sale Formats and Event Rules
We may conduct sales as traditional estate sales (priced or negotiable), timed or live auctions (on-site or online), hybrid events, or private treaty / liquidation sales. Each event may have additional posted rules, including hours, preview times, parking, payment methods, buyer’s premium, sales tax, lotting, and removal deadlines. Those event-specific rules are incorporated into these Terms. If there is a conflict, the event-specific rules control for that sale.
We reserve the right, in our sole discretion, to:
- Refuse admission, registration, or bidding to any person;
- Withdraw, recatalog, combine, or divide lots before or during a sale;
- Reject any bid we believe is not made in good faith;
- Reopen bidding if a dispute arises;
- Cancel or postpone a sale because of weather, safety, access, seller instructions, or other circumstances;
- End a sale early or restrict occupancy for safety or capacity reasons.
4. Registration, Accounts, and Bidding
Certain sales require bidder registration and a valid government-issued photo ID. You agree to provide accurate information and to keep your account credentials confidential. You are responsible for all activity under your registration, including bids placed by anyone you authorize.
A bid is an irrevocable offer to purchase the lot at the amount bid (plus buyer’s premium, applicable taxes, and any announced fees) if you are the winning bidder. Online and absentee bids may be subject to the bidding platform’s own terms in addition to these Terms.
We and any third-party auction platform may require a credit-card authorization, deposit, or hold to register. We may charge that card for unpaid invoices, buyer’s premiums, taxes, storage, or damages as described in these Terms.
Auctioneer decisions on bid increments, bid recognition, and the identity of the winning bidder are final. Ties, simultaneous bids, or technical delays in online bidding may be resolved by the auctioneer or platform in their discretion.
5. “As Is, Where Is” — No Warranties
All property is sold “AS IS, WHERE IS,” with all faults, and without any warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title (except as we may expressly represent on behalf of the seller), authenticity, attribution, provenance, age, condition, completeness, working order, or safety.
Descriptions, photographs, measurements, estimates, condition notes, and catalog statements are provided as a courtesy only and are not guarantees. Color, scale, and condition may differ from images. Electrical, mechanical, jewelry, timepieces, firearms (if any are offered and legally transferable), vehicles, and similar items are not tested unless we expressly state otherwise in writing. Buyers should inspect items during preview or sale hours and, where appropriate, obtain independent appraisals or expert opinions before bidding.
It is the buyer’s responsibility to determine whether an item may be legally owned, transported, or used, including restrictions on ivory, endangered materials, hazardous substances, recalled products, or regulated goods.
6. Preview and Inspection
When a preview is offered, you are encouraged to inspect lots thoroughly. Attendance at a sale or placement of a bid without inspection is at your own risk. Staff comments about condition are informal opinions, not warranties.
7. Pricing, Buyer’s Premium, Tax, and Payment
Estate-sale prices may be firm or negotiable as posted. Auction hammer prices are subject to a buyer’s premium (a percentage added to the hammer price) and any platform or payment-processing fees announced for that sale. The amount of the buyer’s premium will be stated in the event listing, catalog, or on-site signage.
California sales tax (and any applicable district tax) will be collected on taxable sales unless you present a valid resale certificate and we accept it in accordance with California law. Out-of-state shipments, if we agree to arrange them, may still be taxable depending on the facts.
Payment is due in full at the time of purchase or within the period stated for that sale (typically the day of sale or within 24–48 hours of invoice for online auctions), in U.S. dollars, by the methods we accept (which may include cash, major credit/debit cards, cashier’s check, or other methods we announce). We do not accept personal checks unless we expressly agree in writing. Card payments may incur a posted processing fee where permitted by law.
Title to purchased property does not pass, and removal is not permitted, until we have received good funds in full. We may cancel a sale and reoffer the property if payment is not received when due. You remain liable for any shortfall, buyer’s premium, fees, and reasonable costs of resale.
8. Removal, Shipping, and Abandoned Property
Unless we agree otherwise in writing, all purchases must be removed by the buyer at the buyer’s sole expense and risk by the removal deadline posted for the sale. We do not provide packing, shipping, or moving services unless expressly arranged. Any third-party shipper or mover you hire is your agent, not ours.
You must provide your own labor, packing materials, dollies, and vehicles, and you must follow site rules (including stairs, elevators, parking, and load-out times). Large, fragile, or hazardous items may require professional movers. We may refuse load-out that we reasonably believe is unsafe or damaging to the premises.
Items not paid for or not removed by the deadline may, at our option, be deemed abandoned. We may store them at your expense, resell them without further notice, donate them, or dispose of them. You remain responsible for storage fees, disposal costs, and any deficiency after resale. We are not liable for loss of abandoned property.
9. Premises, Safety, and Conduct
Estate sales often take place in private homes, estates, warehouses, or other third-party premises. You enter at your own risk. Floors, stairs, lighting, parking, and walkways may be uneven or crowded. Watch your step; supervise children; and do not enter roped-off or staff-only areas.
You agree to:
- Treat the home, property, staff, clients, and other buyers with respect;
- Not handle tagged or sold items without permission, or conceal merchandise;
- Not photograph residents, staff, or documents without permission; photography of merchandise may be restricted at some sales;
- Not smoke, vape, bring pets (except service animals), or consume alcohol or drugs on site unless we expressly allow it;
- Not interfere with bidding, intimidate others, or engage in collusive bidding;
- Follow all instructions of our staff and of law enforcement.
Theft, fraud, or disruptive conduct will result in removal, cancellation of purchases without refund of premiums or fees where permitted, and referral to law enforcement. We may ban individuals from future sales.
10. Firearms, Restricted, and Hazardous Items
We generally do not sell firearms, ammunition, explosives, or other items we cannot legally transfer. If any regulated item is offered, transfer will occur only in compliance with federal, California, and local law, including required background checks and licensed dealers. Buyers are solely responsible for legal eligibility.
Medications, some chemicals, recalled goods, and perishable items may be excluded or sold without representation as to safety. Do not use purchased electrical or mechanical items until a qualified person has inspected them.
11. Sellers, Estates, and Consignment
If you engage us to conduct a sale, a separate written consignment, estate-sale, or liquidation agreement will control the relationship between you and JD Estate Sales, including commissions, expenses, reserves, and settlement. These website Terms do not replace that agreement. You represent that you have legal authority to sell the property and that it is free of undisclosed liens except as you have disclosed to us in writing.
12. Website Use and Intellectual Property
Our website, logos, photographs, catalogs, lot descriptions, and other content are owned by JD Estate Sales or our licensors and are protected by copyright and other laws. You may view content for personal, non-commercial use related to our sales. You may not scrape, copy, republish, or use our content or images for competing commercial purposes without written permission.
You may not attempt to interfere with the website, introduce malware, bypass security, or use automated means to register or bid except tools we expressly authorize.
The website may contain links to third-party auction platforms, payment processors, or shippers. We are not responsible for those sites or services.
13. Privacy
We collect and use personal information as described in our Privacy Policy, including information needed to register bidders, process payments, issue invoices, and communicate about sales. California residents may have additional rights under the California Consumer Privacy Act (CCPA/CPRA). Please review our Privacy Policy for details.
14. Limitation of Liability
To the fullest extent permitted by California law, JD Estate Sales, its owners, employees, contractors, and the sellers/estates we represent are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, arising out of your use of the website, attendance at a sale, or purchase of property.
Our total liability for any claim relating to a purchase will not exceed the amount you actually paid us for the specific item giving rise to the claim (excluding buyer’s premium and tax), or, for website-only claims, one hundred dollars ($100).
We are not liable for injuries on the premises except to the extent caused by our gross negligence or willful misconduct, as determined by a court of competent jurisdiction. We are not liable for acts of third parties, including other buyers, sellers, shippers, or online platform outages.
Some jurisdictions do not allow certain limitations; in that case, our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot be limited under California law, including liability for fraud or for personal injury caused by our negligence where such a waiver is unenforceable.
15. Indemnification
You agree to indemnify and hold harmless JD Estate Sales, our personnel, and the property owner/estate from claims, damages, and reasonable attorneys’ fees arising from your breach of these Terms, your conduct on the premises, your removal or shipment of goods, or your misuse of purchased items.
16. Returns and Cancellations
All sales are final. We do not accept returns, exchanges, or refunds except where required by law or where we, in our sole discretion, determine that a material catalog error of our own making occurred and you notify us in writing within forty-eight (48) hours of the sale (and before removal, if we so require). Online platform errors, buyer’s remorse, measurement mistakes you could have verified at preview, and condition issues visible on inspection are not grounds for cancellation.
17. Force Majeure
We are not responsible for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, fire, flood, power or internet failure, labor disputes, government action, or seller withdrawal of property.
18. Dispute Resolution; Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. You agree that exclusive venue for any dispute shall be the state or federal courts located in California in the county where JD Estate Sales maintains its principal place of business or where the applicable sale occurred, and you consent to personal jurisdiction there.
Before filing a claim, you agree to contact us in good faith to try to resolve the dispute. Small-claims court remains available for qualifying claims.
Optional arbitration / class-action note for counsel: If you later add a binding arbitration clause or class-action waiver, have California counsel review it for enforceability (including California public-policy limits on certain consumer waivers).
19. Miscellaneous
If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign your rights without our consent. These Terms, together with event-specific rules and any signed consignment or bidder agreement, are the entire agreement between you and us regarding the website and sales participation, and supersede prior oral statements by staff.
Headings are for convenience only. “Including” means “including without limitation.”
20. Contact Us
Questions about these Terms or a particular sale may be directed to:
JD Estate Sales
jdestatesales1@gmail.com