Art Auction dilema!!

[Gypsywych]

I'm going to have to go to one of the auctions now, just to watch....

this could be fascinating.

:p

[Texas_Diver]

Good Luck to you! First, I hope that you really LIKE it! .... and most of all, good for you by being so upfront about it to Park West... you could have said NOTHING at all.......

Catrin

 

Her motives were good, but not as altruistic as you suggest. She posted earlier that she contacted the company in order to obtain the correct certificate of authenticity.

 

D.

[PitCritter]

Is there a reason that the OP should not have the correct C of A? She bid on this piece in good faith. Anyone else there could have outbid her. The auction house could have set a higher reserve or starting bid. She acquired this piece of art legally and part of the contract of sale was the correct C of A. She has every right to this document.

[arlanamay]

Is there a reason that the OP should not have the correct C of A? She bid on this piece in good faith. Anyone else there could have outbid her. The auction house could have set a higher reserve or starting bid. She acquired this piece of art legally and part of the contract of sale was the correct C of A. She has every right to this document.

 

Thank you for that. Oh and Texas-Driver, I don't think I ever indicated anywere in my posts that I called out of concern for the gallery. I called because I wanted the correct COA for my painting.

[Beach4me]

arlanamay - you have made my day! Of all the threads I've read while a member of this site, none has made me this happy. It's like the person on Antiques Roadshow who buys a table for $25 and it's worth a 1/4 million! I'm doing the happy dance for you!

 

Please let us know what the appraisal comes in at - and what the final outcome of your conversations with Park West are.

[arlanamay]

arlanamay - you have made my day! Of all the threads I've read while a member of this site, none has made me this happy. It's like the person on Antiques Roadshow who buys a table for $25 and it's worth a 1/4 million! I'm doing the happy dance for you!

 

Please let us know what the appraisal comes in at - and what the final outcome of your conversations with Park West are.

 

You've got it.

[Texas_Diver]

Thank you for that. Oh and Texas-Driver, I don't think I ever indicated anywere in my posts that I called out of concern for the gallery. I called because I wanted the correct COA for my painting.

 

I never suggested that you did. If you re-read the thread, it will be clear.

 

I think you are the legal owner of the artwork. (Pssst- I'm on your side!)

 

D.

[arlanamay]

I never suggested that you did. If you re-read the thread, it will be clear.

 

I think you are the legal owner of the artwork. (Pssst- I'm on your side!)

 

D.

I suppose I am being a little defensive. My bad..

[Barkingowl]

It sounds like a great adventure to me!

[crusinpsychRN]

Yeah, this is a lot more interesting than many other threads...saving deck chairs, diapers in the pool...Keep us updated.

[arlanamay]

Well Park West called me and left a message saying that they recieved the pictures but needed to pick up to identify it. I think that's complete B.S. I called back and got a machine so I left a message saying no. I think I will make them get a court order or whatever it is they need to take it.

[Nliedel]

Good for you. I am appalled that they are behaving this way. I have not gone to the art auctions in the past and I think I will not be attending them in the future either.

[Catrin]

Well Park West called me and left a message saying that they recieved the pictures but needed to pick up to identify it. I think that's complete B.S. I called back and got a machine so I left a message saying no. I think I will make them get a court order or whatever it is they need to take it.

NO NO NO NO NO!!!

GOod for you.. dont let them even SEE it in person!

It is YOURS!

Catrin

[BlueHerons]

Well Park West called me and left a message saying that they recieved the pictures but needed to pick up to identify it. I think that's complete B.S. I called back and got a machine so I left a message saying no. I think I will make them get a court order or whatever it is they need to take it.

 

At this point, I'd be thinking about getting legal advice.

 

If they want to pick up the art, something is up.

 

Do you have anyone you trust who is an attorney that can suggest someone for you?

 

Also think about calling your insurance company and getting a rider on your homeowners.

 

BTW, they cannot get a court order on speculation.

[Stillfloatin']

I smell some Park West desperation! Hold on to that sucker and don't let them anywhere near you. Put it somewhere safe.

[tumeroll]

Just googled Park West Gallery. Some very revealing sites discussing their business practices. Recommend a look see.

[TrinaLC]

I will definately not let them take it without a court order. I'm sorry they made a mistake, but it was theirs not mine. I'm trying to google auction legal rules but nothing I've seen comes close to what I need to know. I don't remember if the auctioneer gave any details about the painting. What if he did and they were wrong? Do I legally have to give it back? That's what I'm trying to find out. I'm regetting having called them about it. I suspected it was original when I opened it up when I got home so I should have just taken it to an appraiser and let them figure it out later if they ever figured it out.

 

It happened at sea and maritime law would govern - I would doubt there is a highly developed body of art auction maritime law ...

 

so the fall back is the good ol' Possession is 99% ... It is yours until they get a legal judgment to the contrary.

[andnickali]

An alternative to consider: Let Park West know that you will personally deliver the painting to the Carnival Royal Suite for two that has been paid in full. I think this is the least they can do for your inconveince due to their misfortune. :)

[TrinaLC]

A judge would look very hard at the intent of the auction house and the burden of proof would not be on the auction house but the little guy.

 

An insurance company would indeed go after the original because they would not want to set precendent.

 

You are correct they usually will not go to court for less than the amount you listed but in this case they have much more to lose than money.

 

You are wrong here - the burden of proof is on the plaintiff - here the art company.

 

And there isn't a precedent issue, this is too rare a situation for that.

 

If it gets lawyered up, best recourse is to try and get senior management at Carnival involved - publicity would be bad. (Bear in mind they don't run these, but it would still reflect very badly on them.)

 

Call the local paper, radio station etc. if it gets to it.

[TrinaLC]

One other thing - do you have a friend who is an artist? Someone who would know whether it is original?

 

In any event, until they establish otherwise, it is yours.

 

I would not communicate with them anymore without it being through a lawyer. I'm serious - just tell them "on advice of counsel, you are not going to discuss the matter further".

 

Like they say on TV, anything else you say can and will be used against you.

 

(I'm *a* lawyer, but not *your* lawyer!!)

[arlanamay]

One other thing - do you have a friend who is an artist? Someone who would know whether it is original?

 

In any event, until they establish otherwise, it is yours.

 

I would not communicate with them anymore without it being through a lawyer. I'm serious - just tell them "on advice of counsel, you are not going to discuss the matter further".

 

Like they say on TV, anything else you say can and will be used against you.

 

(I'm *a* lawyer, but not *your* lawyer!!)

 

Thank you for that advice. I have a friend who is a patent lawyer so I might ask her what kind of lawyer I need if it comes to that. I wish I new an artist but I don't. I'm just afraid that if I give them the painting on good faith they will send me back something else and then I will be the one who has to go after them.

[lmonty]

I hope everything goes well for you in this ordeal!! This is an exciting thread! Please keep us posted..

I think you should be allowed to keep it-you paid for what you bid on..The customer is always right--Right?

[tumeroll]

Thank you for that advice. I have a friend who is a patent lawyer so I might ask her what kind of lawyer I need if it comes to that. I wish I new an artist but I don't. I'm just afraid that if I give them the painting on good faith they will send me back something else and then I will be the one who has to go after them.

 

If you would care to email me at tumeroll@metrocast.net I will see if I can put you in touch with an auctioneer or art dealer in your area that can be of some help. Your lawyer friend also may know of the proper people to show it to. In the mean time take eveyones advise on this and do not let the gallery anywhere near the painting. It is yours period and that should be the end of the story. The fact that they are so interested in pushing this should tell you that they realize that they sold you something they did not mean to sell but --- They did sell it by auction and if they wish to remain a viable auction company they need to follow the rules of the game. Hold it up and sell it, then it belongs to the person who had the highest bid and paid the bid price. That is how it works. Sometimes people get a real bargain and sometimes they over pay but what is held up is what you are supposed to receive.

[Hot Hockett]

Wow this is actually really interesting. I like this thread. Please keep us updated.

[armywifefisher]

First of all get it appraised and let the appraiser give you a writen stament on excatty what peice you have and how much it is worth have him give you 2 copies. That is what you need to send in to them and say I have this now give me the papers. What more do they need on the painting but an art appraisers written apprisal on what it is, when it was made, who made it, and if it is a preprint or not.