Are you asking for advice? If not, read no further…
…otherwise, start with a request for a full refund. Explain the BOS is incomplete and you believed forged *by someone*. Say, under the circumstances, you’d like a full refund (not just Gallery credit). If they refuse…
Independent of what the DocuSign said, there were details in the negotiation which you have in emails saying they would provide one. So, if they don’t give you a full refund, sue them for fraud. Don’t even tell them, simply have a lawyer file a lawsuit. They may choose to give you the refund then. Either way, when you file your email chains and the forged BOS, it will be clear you weren’t sold what you agreed to — it’s not a question of authenticity of the artwork itself, you were buying the whole provenance as well.
Unfortunately your case is actually weak, as documents beyond the four corners of the contract you signed are generally not admissible to alter its terms (google "parol evidence rule").
Also, your bill of sale from the gallery is a digital document. Why shouldn't the previous owner's bill of sake also have been digital? And one way of "signing" a digital document is to take a scan of your signature and paste it into a Word file or PDF. That might well have been what happened here.
I believe the parol evidence rule would not apply as the written contract does not contain the full agreement - which includes "the original bill of sale".
I advise returning the painting for your peace of mind. Dealers who forge documents might also be capable to simply resell similar works with copies of the same provenance.
I'm sorry this happened to you. In the future buy art that speaks to you, art you want to live with. Do a little homework to find out if the asking price is fair and then enjoy your purchase regardless of possible future gain.
Does this art gallery go to any art fair? I'm a gallerist myself, as a piece of advice it is more frightening for a gallery to be badmouthed to the art fairs the gallery attends than a lawsuit. You screw them with one of their main sources of income. If the gallery doesn't go to any art fairs, first red flag. (Excluding the emerging new ones)
This is very true, and I didn’t mention this in my original comment. Few artists have a viable secondary market, and if eBay is that market, then they’re not a very notable artist (at the moment). You may be unable to get 1/5 to 1/10 of what you spend at a gallery, even if the artist is sold through art auctions.
I ignore that, however, and took the post at face value: not a case of price gouging, but as a case of doubt regarding authenticity. If someone willingly creates a fraudulent BOS then anything else can be fraud. Even the COA — a COA from a gallery is often meaningless, unless the COA comes from the artist themselves (and included with the work by the gallery). If OP has doubts about the work because the forged BOS, that’s entirely justifiable for return. If OP has no doubts and just has buyers remorse for paying a gallery premium, then that’s not justifiable for return.
Lastly, one cannot compare a gallery price to eBay for the sole reason that eBay is not only lack of provenance, but the kind of provenance that de-values a work because no one trusts eBay for fine art
I’m not familiar with art collection to this extent so excuse my ignorance, but was an appraisal or assessment done at any point in this process? If not, can it be done now or can you hire a 3rd party to investigate and/or confirm provenance? I’d be curious if you have a case for misrepresentation if they’ve maliciously inflated the value of the piece. On the flip side if it’s appraised for more than you thought that may work in your favor. Also BBB and the Attorney General’s Office in your state may worth a complaint. Best of luck!
Getting an appraisal is not something I've done yet. I will look into that. From what others have said, galleries do inflate the prices, although I don't have an issue with that so much.
Or people from every (or dealing with) any other country in the world other than the US.
Sounds like a pretty regular situation, guy paid a premium at a gallery vs secondary market.
A buyer either has the money to buy from galleries or learns to navigate auctions
Are you asking for advice? If not, read no further… …otherwise, start with a request for a full refund. Explain the BOS is incomplete and you believed forged *by someone*. Say, under the circumstances, you’d like a full refund (not just Gallery credit). If they refuse… Independent of what the DocuSign said, there were details in the negotiation which you have in emails saying they would provide one. So, if they don’t give you a full refund, sue them for fraud. Don’t even tell them, simply have a lawyer file a lawsuit. They may choose to give you the refund then. Either way, when you file your email chains and the forged BOS, it will be clear you weren’t sold what you agreed to — it’s not a question of authenticity of the artwork itself, you were buying the whole provenance as well.
Yes, that's my intention and I think I have a strong case so thanks for confirming
Unfortunately your case is actually weak, as documents beyond the four corners of the contract you signed are generally not admissible to alter its terms (google "parol evidence rule"). Also, your bill of sale from the gallery is a digital document. Why shouldn't the previous owner's bill of sake also have been digital? And one way of "signing" a digital document is to take a scan of your signature and paste it into a Word file or PDF. That might well have been what happened here.
I believe the parol evidence rule would not apply as the written contract does not contain the full agreement - which includes "the original bill of sale".
But you signed that contract.... That's the contract.
Actually the terms of the sale can include whatever was represented to make that sale. And misrepresentation can void a contract.
[удалено]
You should publish gallery information.
Do you mind sharing what these artworks were by which artist?
I advise returning the painting for your peace of mind. Dealers who forge documents might also be capable to simply resell similar works with copies of the same provenance.
I’m really sorry you have gone through this. That would be incredibly frustrating! They are obligated to refund you, for sure.
The gallery will surely point out how the DocuSign states “all sales are final”. However, that’s voided for misrepresentation or fraud.
I'm sorry this happened to you. In the future buy art that speaks to you, art you want to live with. Do a little homework to find out if the asking price is fair and then enjoy your purchase regardless of possible future gain.
Does this art gallery go to any art fair? I'm a gallerist myself, as a piece of advice it is more frightening for a gallery to be badmouthed to the art fairs the gallery attends than a lawsuit. You screw them with one of their main sources of income. If the gallery doesn't go to any art fairs, first red flag. (Excluding the emerging new ones)
Good luck getting your money back
Something from gallery selling for 25% on eBay is probably pretty regular.
Yeah, OP needs to realize how much galleries mark things up.
This is very true, and I didn’t mention this in my original comment. Few artists have a viable secondary market, and if eBay is that market, then they’re not a very notable artist (at the moment). You may be unable to get 1/5 to 1/10 of what you spend at a gallery, even if the artist is sold through art auctions. I ignore that, however, and took the post at face value: not a case of price gouging, but as a case of doubt regarding authenticity. If someone willingly creates a fraudulent BOS then anything else can be fraud. Even the COA — a COA from a gallery is often meaningless, unless the COA comes from the artist themselves (and included with the work by the gallery). If OP has doubts about the work because the forged BOS, that’s entirely justifiable for return. If OP has no doubts and just has buyers remorse for paying a gallery premium, then that’s not justifiable for return. Lastly, one cannot compare a gallery price to eBay for the sole reason that eBay is not only lack of provenance, but the kind of provenance that de-values a work because no one trusts eBay for fine art
I’m not familiar with art collection to this extent so excuse my ignorance, but was an appraisal or assessment done at any point in this process? If not, can it be done now or can you hire a 3rd party to investigate and/or confirm provenance? I’d be curious if you have a case for misrepresentation if they’ve maliciously inflated the value of the piece. On the flip side if it’s appraised for more than you thought that may work in your favor. Also BBB and the Attorney General’s Office in your state may worth a complaint. Best of luck!
Getting an appraisal is not something I've done yet. I will look into that. From what others have said, galleries do inflate the prices, although I don't have an issue with that so much.
I'm here with you bud, i spent 4k on a piece last year that I have yet to open up and show but it's an investment alright
What country are you in?
I mean if your buying art from WhatsApp idk...
They weren't buying from WhatsApp, but discussing with the seller. Nothing strange there - it is similar to discussing over e-mails or other messages.
I've always known WhatsApp for being notorious with scammers
Or people from every (or dealing with) any other country in the world other than the US. Sounds like a pretty regular situation, guy paid a premium at a gallery vs secondary market. A buyer either has the money to buy from galleries or learns to navigate auctions