Legal Question in Consumer Law in New York
(re: art dealer)
In reference to your question, no, all I have/had is a vague "consignment agreement" that says "not for sale pending research". There was never anything structured or above-board professionally handled about this transaction. Was naiive about the "art world" and kind of trusted the guy. And I was told the painting was sold without any prior notice and the painting was already out of his gallery by the time they called me. Yes, I had told them that if he could be a little flexible on his commission I would be happy to clear $2500, and that was based on the way they framed what the ballpark of the painting was worth. I feel the rug was pulled out from under me by not being professional and preparing me that there was a real buyer at hand. I still don't know what the painting sold for. I think I should have a right to know that, no?
1 Answer from Attorneys
Apparently, you have nothing in writing of any consequence and you instructed them to sell if you can clear a certain amount. You never advised them that the sale is contingent on your strict approval in writing, nor did you do due diligence before selling the painting regarding its true value. Do you want to litigate this and pay more money just to discover the true value of the painting, after the milk is spilled?