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| Counterfeit Russian Painting by Boris Kustodiev sold by Christie's |
Bloomberg News reports "Christie's New York has returned $3 million paid in 2005, for a counterfeit Russian painting by Boris Kustodiev."
The buyer of the counterfeit $3 million Boris Kustodiev painting obtained a refund as the Christie's Terms of Guarantee permit refunds within 5 years from the original sale date as long as the request is from the original auction buyer.
According to the Bloomberg News, “Every month I’m asked to look at 10 paintings and nine are fakes, said London-based Russian art dealer James Butterwick. Many Russian art buyers, similar to many Art Buyers, don't obtain second opinions from competent experts. If a work is credible, then it has a provenance that can be easily checked out.”
Both Christie’s and Sotheby's provide auction buyers five-year terms of guarantee for authenticity for most lots offered at public auction.
Aside from Sotheby's and Christie's, most auction houses do not provide any guarantee to the purchaser for anything, which means anyone who buys anything at auction should always be certain of a lot's Authenticity, especially when lots are offered on "as is basis", which translates to "caveat emptor", Latin for "let the buyer beware".
A lack of scholarship is further exacerbated by inexperienced auction personnel who often just guess at authenticity and condition. In other words, just because an artwork is sold at auction, whether online or or at a bricks and mortar auction house, does not necessarily mean the respective lot is a quality lot or even genuine!
A lack of scholarship is further exacerbated by inexperienced auction personnel who often just guess at authenticity and condition. In other words, just because an artwork is sold at auction, whether online or or at a bricks and mortar auction house, does not necessarily mean the respective lot is a quality lot or even genuine!
On the other hand, within the five year window at Christie's and Sotheby's, if the original auction buyer proves the sold auction lot is deemed not authentic by a legitimate expert, the original purchase price will be refunded. Recent court judgements indicate the five year period can even be extended if the auction buyer proves seller fraud.
Similarly, the Uniform Commercial Code (UCC) mandates United States art sellers are required by law to stand behind a documented Work of Art for a period of at least four years. According to the Uniform Commercial Code, Sec. 2-725, "specifies that the limitations period begins when the breach of warranty occurs whether or not the purchaser had knowledge of it." Buyers have a legal right to obtain a refund if authenticity is disputed.
The statute further provides that a breach of warranty occurs when tender of delivery is made, so that the limitations period begins with delivery.
However, no formal protection exists for Internet buyers unless buyers recognize the need to obtain the right paperwork. For the record, the Uniform Commercial Code is only applicable for United States buyers if they also purchase lots from sellers in the United States.
If the buyer forgets to get an invoice from a purchase made on the internet, and it turns out the seller is in the United States, the breach of warranty may be more difficult to prove.
Sadly, the Internet is more like the wild wild west for foreign sellers and it should be noted that there is no code of ethics for US sellers who sell overseas. We recommend internet buyers of significant purchases of art, antiques, jewelry, collectibles obtain: the sellers complete business name, address, phone number on a detailed invoice documenting in full the purchased art/collectible.
For instance, you may have a problem should you purchase work of art from an anonymous eBay seller who withholds his business name and address. Furthermore, in the event your internet purchase turns out to be counterfeit, you won't stand a chance of a refund if you don't have an Invoice describing what it is you "thought you purchased" with the respective business seller's name/address, etc.
In other words, "good paperwork" is essential should you need to prove you were misled by the seller. While many internet counterfeits are obvious, that doesn't deter US and foreign internet buyers, and importantly, those sellers can still make substantial revenue because: Google doesn't prevent art seller fraud and eBay doesn't remove counterfeit art unless the contested request is from the copyright owner.
Even today, eBay gets poor marks for condoning counterfeit art posted on its site. Contrary to the eBay's current marketplace safety program, eBay still doesn't enforce meaningful and stringent anti-fraud measures.
Time and time again, eBay allows known fraudulent art sellers to repost, or worse, the dubious art seller bends the rules by just re-posting with another name. If you have ever spoken to an eBay customer service representative, and have attempted to report a purported counterfeit, you will realize that all "eBay responses are scripted" and end up without meaningful action.
Even if the counterfeit art is obvious, eBay's customer service representatives are powerless to remove an eBay lot if the communication is from anyone other than the copyright holder.
Fraudulent sellers of purported art by Pablo Picasso, Roy Lichtenstein, Marc Chagall, Keith Haring, etc., know that eBay does not have a strong anti-fraud policy. None were enforced by Meg Whitman nor current by current eBay management.
Aside from Sotheby's and Christie's, most auction houses only offer lots on an "As Is" basis, and therefore, do not offer any authenticity guarantees.
All Fine Art offered and sold on eBay by Joseph K Levene Fine Art Ltd eBay Store is Guaranteed For Authenticity.
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