Legal Question in Business Law in New Jersey

art purchase
An art gallery sold a painting in 1999 to a client. The client paid and requested to leave the purchase at the gallery while he was out of the country for a reasonable amount of time. five yrs past during which time the gallery attempted to contact the buyer with no success. After 4yrs the gallery gave the painting to a contractor in exchange for work he had done. Recently after nearly 5.5 years the buyer of the painting returned and demanded his painting. He was not content with a refund and threatened legal action to get his painting back. Does the buyer have any legal rights beyond a full refund? Can he take any action against the contractor who now has the painting?

Asked on 12/20/05, 8:21 am

Edward Fronczkiewicz, Jr. Miksch and Fronczkiewicz

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Re: art purchase

It sounds like you do not dispute the client's contention that the painting is his.

Since you gave his painting away, the question then becomes what are his damagaes. Typically, Court's like to award $$ to make people whole.

With that said, since this is a piece of art and perhaps one of a kind, the court can order the return of the art.

To do that I am sure he will join the contractor in the suit.

If he does not ask for the return of the art, he might be entitled to a refund, plus the increase in value (if any).

If you need assistance with this matter, please contact me via email, [email protected] or click on the Attorney Profile link for my phone #.

Regards,

Answered on 12/20/05, 8:49 am

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