Tag Archives: painting

The Sale of a Painting Gone Wrong Pt. 2

Earlier, I wrote about the Van Damme v. Gelber case decided on July 27, 2009. One of the interesting aspects of the case is that the issue of timing arose. The seller insisted that the money for the painting had to be received by a particular date. Because of a bank mistake, the money arrived [...]
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New York Supreme Court Denies Fraud Claim Over Sale of Gauguin’s Paysage aux Trois

Mandarin Trading purchased Gauguin’s Paysage aux Trois for $11.3 million based on the appraisal of a world renowned Gauguin expert. Mandarin later came to find the painting was worth only $9 million, and the appraisal on which it relied was written by the company that in part was selling the painting. Mandarin sued, but a [...]
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The Sale of a Painting Gone Wrong, Pt. 1

A recently decided New York case contains several interesting lessons for art dealers. First, you may be liable for the acts of another: if you authorize someone to sell a painting for you, or if you even “reasonably give the agent an appearance of authority,” you will not only be liable for the agent’s contracts, [...]
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Who is considered an Art Merchant under New York Arts and Cultural Affairs Law?

When buying or selling art in New York, one should be aware of whether he or she is dealing with an “art merchant.” This was one of the central issues in a dispute between Tom Wesselmann and International Images, Inc.
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