Legal Question in Civil Rights Law in Florida

My question is? I have send a panting to an auction house The Great Expection Auction house

in St. Augustine, Fl. The painting is by Joachim K. Loeber, The Guard, oil on canvas, size

24"x48". I received a check for 65.00 for a painting that is worth $7,000.00. Deep inside I feel

that I have been taken advantage off and that I have been cheeted. I returned the money and

I want my painting back. I have sent a letter and e-mail to that effect requesting the painting

to be shipped back to me. What resourced do I have and what can I do to get my property

back.


Asked on 1/30/10, 12:11 pm

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

A bad bargain is still YOUR bargain.

A lawyer could to try to find some exception to the above general rule.

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Answered on 2/04/10, 2:45 pm
Steven Meyer CPLS, P.A.

It sounds as if the painting was already sold during an auction. You cannot get it back from the buyer after the auction is over. You probably could have put a reserve price on the painting so that the auction house had to start the bidding at a minimum price. You also may have signed a listing agreement with the auction house limiting any claim against them in the event that you were unhappy with the sales price. If you did not sign such an agreement, then you might have a claim against the auction house, but it may be a very difficult claim to pursue.

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Answered on 2/05/10, 9:25 am


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