Legal Question in Consumer Law in Texas

Paying down on Art work, seller responsibilty

Found art that I wanted, artist told me that I could pay it out without a time limit. She said that she would hold the piece until I paid it out. She left town without contacting me, so I could not pay for the piece.(Went to Seattle, WA and Germany) I started calling foundries, until I located the one that casted the piece. They gave me her last know address, and the letter was returned to sender with no forwarding address.

I have found the artist, now many years later. What are my options??


Asked on 1/31/06, 9:59 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Paying down on Art work, seller responsibilty

Your post is not clear. Did you pay anything to the seller? If so, you possibly have a claim for return of the funds. If you paid nothing, perhaps there is an argument that you have a breach of contract claim. In each case, if it is "many years later" you will have a problem with the statute of limitations. You will also have a problem with chasing down someone who is presumably in another state. Apparently, you still do not know where she is. I have no idea how much this item is worth, but it is hard to sue someone you can't find, for something that happened years ago. I am really not sure what "options" you were thinking about.

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Answered on 1/31/06, 10:11 am
Peter Bradie Bradie, Bradie & Bradie

Re: Paying down on Art work, seller responsibilty

Legally, zilch. Contact her, reminder her of her promise, and then see if the deal can be done. It sounds like limitations for breach of contract may have run, plus the difficulty of enforcing a verbal agreement.

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Answered on 1/31/06, 11:17 am


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