A months-long dispute involving Attics to Basements Estate Sales, operating out of Manassas, Virginia, has seen a partial resolution. Three Maryland families who contacted NBC4 News with complaints have confirmed receiving checks covering the funds owed to them. The payments come after the news outlet’s investigation brought the company’s practices to light.

However, the relief isn’t widespread. Three families in Virginia who also allege they were shortchanged by Attics to Basements have yet to receive any compensation.

The Rise of Estate Sale Disputes and Protecting Your Assets

Estate sales are increasingly common as demographics shift and downsizing becomes more prevalent. While most estate sale companies operate with integrity, disputes can arise, often centered around the valuation of items, the division of proceeds, and the clarity of contracts. Understanding your rights and taking proactive steps can help protect you from becoming a victim of fraud or misrepresentation.

Susan Koch, along with her husband Milton, initially hired Attics to Basements for a downsizing sale and were pleased with the service. They subsequently referred the company to friends Beth and Richard Sheer. However, after months passed without receiving payment, all three couples sought assistance from NBC4 News and the Montgomery County Office of Consumer Protection.

“We were looking for ways to not just get our money, but to stop her from doing this to other people,” Susan Koch explained. “It felt like a moral obligation to speak up.”

Richard Sheer echoed this sentiment, stating, “We didn’t expect to receive anything initially, so we were grateful, and a lot of that had to do with the exposé that Channel 4 News put out and let everybody know what was going on.”

The investigation revealed a pattern of complaints lodged with state consumer protection offices, though the specifics of those complaints remain confidential. Under the terms of their contracts, the Koches and Sheers were entitled to 60% of the sale proceeds within 30 days – a sum totaling thousands of dollars.

Milton Koch believes a multi-pronged approach was key to securing a resolution. “I think it was a combination of all of those things that got her to realize she better pay up,” he said. “The fact was, you then found that this was a bigger issue than two or three of us was quite significant and impactful, undoubtedly.”

Tracy Smith, owner of Attics to Basements, has not responded to requests for comment. In a previous phone interview last November, Smith acknowledged owing money to several clients, apologized for the inconvenience, and attributed her business difficulties to economic factors. She pledged to repay the Maryland families before a scheduled civil court date.

Following the initial NBC4 report, the Montgomery County State’s Attorney’s office issued a target letter to Smith, indicating an investigation was underway. The office has not confirmed whether a criminal investigation is ongoing.

The Koches and Sheers have since dismissed their civil lawsuit. A third Montgomery County client, now residing overseas, recently confirmed receiving a check for a sale conducted in December 2024.

Did You Know? Many states require estate sale companies to be licensed and bonded. Checking with your state’s consumer protection agency can help verify a company’s legitimacy.

Despite the positive outcome for the Maryland families, the Virginia clients remain in limbo. The I-Team reached out to three Virginia families who had also filed complaints, but none have received payment as of this report.

What recourse do consumers have when faced with similar situations? Filing complaints with state consumer protection agencies, pursuing civil litigation, and seeking legal counsel are all potential avenues for resolution.

Could increased regulation of the estate sale industry be necessary to protect vulnerable individuals? What steps can consumers take to thoroughly vet estate sale companies before entrusting them with their possessions?

Pro Tip: Always obtain a detailed, written contract outlining the terms of the sale, including the percentage split, payment schedule, and a comprehensive inventory of items sold.

Federal Trade Commission – Protecting Consumers in Estate Sales provides valuable information on consumer rights and best practices.

FTC – Choosing an Estate Sale Company offers guidance on selecting a reputable estate sale company.

Frequently Asked Questions About Estate Sale Disputes