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NESA Standards

Hiring the right estate sale company is an important decision. The need for consumers to connect with trustworthy companies is one of the driving forces behind the National Estate Sales Association. The NESA Standard outlines the playbook our members use and can be best viewed through our code of ethics. 

Member Code of Ethics

Member Code of Ethics

Member Code of Ethics

Review

Member By Laws

Member Code of Ethics

Member Code of Ethics

Review

When someone engage the services of an estate sales company, they are entering into a partnership. Choosing the right company for them is of vital importance. They want the outcome of your choices to financially benefit their family, relieve them of the burden of doing their own sale, and gain the time necessary to devote to their other responsibilities.


Presently there is a statistical jump in the number of families retiring, relocating or downsizing…largely driven by an aging population. Many are looking for companies or individuals to help them sell their personal property. The increasing needs of consumers has emboldened many individuals to start their own estate sales companies. This means that criteria and standards for how to choose a company with ethics and best business practices has become more important than ever.  NESA Members set their businesses apart from other companies because each of them has agreed to abide by a 30 Point Code of Ethics. Our code of ethics is the industry benchmark for how companies should run their businesses and care for clients. Each member is required, at minimum, to provide a written contract, have insurance, treat workers as employees, and pay their clients in a timely fashion.  


Trust is key in the estate sale industry. Providing consumers with a way to connect with trustworthy companies is central to the mission of the National Estate Sales Association. NESA members go above and beyond to assist their clients, operate in their best financial interest, and provide the highest quality service.  


To review in detail how a NESA member stays in compliance, and conducts their business, please read the full text of our Code of Ethics just below.

Code of Ethics

Additional Information

As a Member of the National Estate Sales Association, I/we recognize that membership is a privilege and that a membership brings with it the responsibility to assure that all members understand and commit to the following code of ethics. The code shall, without limitation, require members and all participants of NESA-sponsored programs to:  

  1. Abide by the Bylaws of the National Estate Sales Association and Rules of Operation for any applicable programs of the Chamber. The Bylaws serve as the governing document for all programs and will supersede all other documents. 
  2. Refrain from publicly disparaging the business practices of fellow members and refrain from condoning or engaging in misrepresentation or unethical practices. 
  3. Operate with integrity in business practices, advertising, representations of service and experience, and interactions with clients & customers. 
  4. Conduct business and professional activities in a reputable manner so as to reflect honorably upon the liquidation community and fellow members. 
  5. Maintain, as their highest obligation, a fiduciary responsibility to the Client and act in the best interests of the Client in relation to the personal property being sold on behalf of the Client.  While this obligation to the Client is primary, it does not relieve Members of their obligation to treat all parties honestly. 
  6. Provide accurate information to their clients, prospective clients, and to the general public. 
  7. Members shall not participate in any discussions that would lead to potential antitrust issues such as collusion, boycotts, market allocation, fee/commission fixing, or any other practice as addressed in the Sherman Antitrust Act. 
  8. Refrain from misrepresenting or exaggerating their experience, qualifications, or capabilities whether verbally, in print, or online. 
  9. Make reasonable efforts to optimize sale results on behalf of their Clients. 
  10. Members shall use written agreements outlining the scope of their proposed services.  
  11. Members shall not set fees for preparing appraisals or valuations contingent upon the amount of the appraisal or valuation. 
  12. Members shall provide a written accounting of the sale results and a disbursement of Client’s proceeds as outlined in the written sale agreement, and no less than twenty (20) business days from the last day of the Client’s sale. 
  13. Members shall endeavor to protect confidential client information. 
  14. To serve sellers and limit conflicts of interests, NESA members may provide Estate Buy-Out services, under the following conditions: a) Seller was informed that all offers are based upon estimated valuations, expenses, and profits. b) Seller was not knowingly misled about the value of their personal property. c) Seller and buyer sign a Buy-Out Disclosure Statement for Buyouts conducted away from the NESA Member’s place of business. d) Buyouts conducted from the NESA Member’s place of business may have a Buyout Disclosure statement publicly posted in lieu of Seller’s signature. 
  15. Be knowledgeable of the NESA Code of Ethics and educate staff on their duties and obligations under the Code. 
  16. Respect the reputation, profile, and status of the National Estate Sales Association, and represent the Association accordingly. 
  17. Understand, support and promote the Vision and Mission of the Association and cooperate with fellow members in the application of this Code of Conduct. 
  18. Whenever reasonably possible, participate in the functions and activities of the Association, and promote the enhancement of the estate liquidation industry. 
  19. Observe the highest standards of ethics in rendering services and/or offering property for sale, based on the members’ own knowledge and expertise. 
  20. Refrain from engaging in any practices prohibited by law. Conform to all laws established by Municipal, State and Federal governments for the control of said business, where applicable. 
  21. Present a true presentation in all advertising. Goods and services shall be advertised in accordance with all Municipal, State and Federal legislation.  ,


As a NESA Member, I/we also understand that the failure to adhere to the professional and personal obligations of the National Estate Sales Association, as outlined above, and defined in the Association Bylaws, can result in the termination of my/our membership.m

By Laws

BYLAWS 

OF 

NATIONAL ESTATE SALES ASSOCIATION 

The name of the organization is National Estate Sales Association. The organization has not been formed for the making of any profit, or personal financial gain. The assets and income of the organization shall not be distributable to, or benefit the trustees, directors, or officers or other individuals. The assets and income shall only be used to promote corporate purposes as described below. Nothing contained herein, however, shall be deemed to prohibit the payment of reasonable compensation to employees and independent contractors for services provided for the benefit of the organization. This organization shall not carry on any other activities not permitted to be carried on by an organization exempt from federal income tax. The organization shall not endorse, contribute to, work for, or otherwise support (or oppose) a candidate for public office. The purpose of the organization is the following: 

Membership Chamber of Commerce 

The organization is organized exclusively for purposes pursuant to section 501(c)(6) of the Internal Revenue Code. 

ARTICLE I 

MEETINGS 

Section 1. Annual Meeting. An annual meeting shall be held once each calendar year for the purpose of electing directors and for the transaction of such other business as may properly come before the meeting. The annual meeting shall be held at the time and place designated by the Board of Directors from time to time. 

Section 2. Special Meetings. Special meetings maybe be requested by the President or the Board of Directors. A special meeting of members is not required to be held at a geographic location if the meeting is held by means of the internet of other electronic communications technology in a manner pursuant to which the members have the opportunity to read or hear the proceedings substantially concurrent with the occurrence of the proceedings, note on matters submitted to the members, pose questions, and make comments. 

Section 3. Notice. Written notice of all meetings shall be provided under this section or as otherwise required by law. The Notice shall state the place, date, and hour of meeting, and if for a special meeting, the purpose of the meeting. Such notice shall be mailed to all directors of record at the address shown on the corporate books, at least 10 days prior to the meeting. Such notice shall be deemed effective when deposited in ordinary U.S. mail, properly addressed, with postage prepaid. 

Section 4. Place of Meeting. Meetings shall be held at the organization's principal place of business unless otherwise stated in the notice. Unless the articles of incorporation or bylaws provide otherwise, the board of directors may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating may simultaneously hear each other during this meeting. A director participating in a meeting by this means shall be deemed to be present in person at the meeting. 

Section 5. Quorum. A majority of the directors shall constitute at quorum at a meeting. In the absence of a quorum, a majority of the directors may adjourn the meeting to another time without further notice. If a quorum is represented at an adjourned meeting, any business may be transacted that might have been transacted at the meeting as originally scheduled. The directors present at a meeting represented by a quorum may continue to transact business until adjournment, even if the withdrawal of some directors results in representation of less than a quorum. 

Section 6. Informal Action. Any action required to be taken, or which may be taken, at a meeting, may be taken without a meeting and without prior notice if a consent in writing, setting forth the action so taken, is signed by the directors with respect to the subject matter of the vote. 

ARTICLE II 

DIRECTORS 

Section 1. Number of Directors. The organization shall be managed by a Board of Directors consisting of a minimum of 3 director(s). More directors may be elected.

Section 2. Election and Term of Office. The directors shall be elected at the annual meeting. Each director shall serve a term of 15 year(s), or until a successor has been elected and qualified. 

Section 3. Quorum. A majority of directors shall constitute a quorum. 

Section 4. Adverse Interest. In the determination of a quorum of the directors, or in voting, the disclosed adverse interest of a director shall not disqualify the director or invalidate his or her vote. 

Section 5. Regular Meeting. The Board of Directors shall meet immediately after the election for the purpose of electing its new officers, appointing new committee chairpersons and for transacting such other business as may be deemed appropriate. The Board of Directors may provide, by resolution, for additional regular meetings without notice other than the notice provided by the resolution. 

Section 6. Special Meeting. Special meetings may be requested by the President, Vice-President, Secretary, or any two directors by providing five days' written notice by ordinary United States mail, effective when mailed. Minutes of the meeting shall be sent to the Board of Directors within two weeks after the meeting. A special meeting of members is not required to be held at a geographic location if the meeting is held by means of the internet of other electronic communications technology in a manner pursuant to which the members have the opportunity to read or hear the proceedings substantially concurrent with the occurrence of the proceedings, note on matters submitted to the members, pose questions, and make comments. 

Section 7. Procedures. The vote of a majority of the directors present at a properly called meeting at which a quorum is present shall be the act of the Board of Directors, unless the vote of a greater number is required by law or by these by-laws for a particular resolution. A director of the organization who is present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless their dissent shall be entered in the minutes of the meeting. The Board shall keep written minutes of its proceedings in its permanent records. 

Section 8. Informal Action. Any action required to be taken at a meeting of directors, or any action which may be taken at a meeting of directors or of a committee of directors, may be taken without a meeting if a consent in writing setting forth the action so taken, is signed by all of the directors or all of the members of the committee of directors, as the case may be. 

Section 9. Removal / Vacancies. A director shall be subject to removal, with or without cause, at a meeting called for that purpose. Any vacancy that occurs on the Board of Directors, whether by death, resignation, removal or any other cause, may be filled by the remaining directors. A director elected to fill a vacancy shall serve the remaining term of his or her predecessor, or until a successor has been elected and qualified. 

Section 10. Committees. To the extent permitted by law, the Board of Directors may appoint from its members a committee or committees, temporary or permanent, and designate the duties, powers and authorities of such committees. 

ARTICLE III 

OFFICERS 

Section 1. Number of Officers. The officers of the organization shall be a President, a Treasurer, and a Secretary. Additional board members may be elected. Two or more offices may be held by one person. The President/Chairman may not concurrently serve as the Secretary or Treasurer/CFO. The President may not serve concurrently as a Vice President. 

President/Chairman. The President shall be the chief executive officer and shall preside at all meetings of the Board of Directors and its Executive Committee, if such a committee is created by the Board. 

Secretary. The Secretary shall give notice of all meetings of the Board of Directors and Executive Committee, shall keep an accurate list of the directors, and shall have the authority to certify any records, or copies of records, as the official records of the organization. The Secretary shall maintain the minutes of the Board of Directors' meetings and all committee meetings. 

Treasurer/CFO. The Treasurer shall be responsible for conducting the financial affairs of the organization as directed and authorized by the Board of Directors and Executive Committee, if any, and shall make reports of corporate finances as required, but no less often than at each meeting of the Board of Directors and Executive Committee. 

Section 2. Election and Term of Office. The officers shall be elected by the Board of Directors at the first meeting of the Board of Directors every three years immediately following the annual meeting. Each officer shall serve a three year term or until a successor has been elected and qualified. These by laws allow re-election of the previous board.

Section 3. Removal or Vacancy. The Board of Directors shall have the power to remove an officer or agent of the organization. Any vacancy that occurs for any reason may be filled by the Board of Directors. 

ARTICLE IV 

CORPORATE SEAL, EXECUTION OF INSTRUMENTS 

The organization shall not have a corporate seal. All instruments that are executed on behalf of the organization which are acknowledged and which affect an interest in real estate shall be executed by the President or any Vice-President and the Secretary or Treasurer. All other instruments executed by the organization, including a release of mortgage or lien, may be executed by the President or any Vice-President. Notwithstanding the preceding provisions of this section, any written instrument may be executed by any officer(s) or agent(s) that are specifically designated by resolution of the Board of Directors. 

ARTICLE V 

AMENDMENT TO BYLAWS 

The bylaws may be amended, altered, or repealed by the Board of Directors by a two-thirds majority of a quorum vote at any regular or special meeting. The text of the proposed change shall be distributed to all board members at least ten (10) days before the meeting. 

ARTICLE VI 

INDEMNIFICATION 

Any director or officer who is involved in litigation by reason of his or her position as a director or officer of this organization shall be indemnified and held harmless by the organization to the fullest extent authorized by law as it now exists or may subsequently be amended (but, in the case of any such amendment, only to the extent that such amendment permits the organization to provide broader indemnification rights). 

ARTICLE VII 

DISSOLUTION 

The organization may be dissolved only with authorization of its Board of Directors given at a special meeting called for that purpose, and with the subsequent approval by no less than two-thirds (2/3) vote of the members. 

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