Legal Question in Consumer Law in New York

My sister and I consigned a painting which she owned, by an artist of some renown to an art gallery and he sold it (for $3500). He gave me (at my request -- he said it was not something he normally did) a copy of the bill of sale/invoice to the buyer (who was also a dealer) . I cleared $2500 on it, which I was content with, given the downplay of the painting by the dealer. The dealer told me that there was a big question about the signature and authenticity of the painting. Now, a couple of months later I see the painting on the internet for sale by another gallery for $19,500 (not to mention a complete lie about the provenance of the painting). It turns out the buyer whose name is stated on the invoice, and who I spoke to, never actually bought the painting (he almost did but backed out). So I was given an erroneous document and I don't know for sure how much the painting actually sold for and how much the gallery made on it. I am disgusted by what I have learned about the art world culture. Deliberate lack of transparency seems to be the norm and I don't understand how business can be conducted so sloppily.

My question is - don't I have legal right to know what the painting sold for and have honest documentation?


Asked on 2/16/15, 9:03 pm

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Did you have a written contract with the agreement spelled out? It seems to me you had an offer and an acceptance. You may have circumstantial evidence of double dealing and underhandedness; however, that will only be cleared up during litigation. Not a cheap proposition.

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Answered on 2/16/15, 9:44 pm


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