Expert: Ben Mahmoud - 1/6/2008

Question
QUESTION: Having purchased three Pitre prints (among a lot of over 100 assorted prints)at auction with no COA's. I contacted the Pitre gallery in HI to assertain their "value" and authenticity. I was told that they were authentic as the gallery was familiar with the pieces.
They say that the pieces are Gallery Proofs made specifically for Gallerys to use as displays to sell numbered prints.
They go on to say that the gallery owner that had them on consignment did not pay for them. They have been in touch with that gallery owner and he has promised to pay them what he owes.
Apparently he was forced to sell the entire contents of his gallery due to health reasons and owed several people for several prints in his gallery.
The Pitre Gallery man wants me to pay $375.00 each for three COA's for these prints.He forbids me from listing them on Ebay without paying him first and says that I am breaking the law by trying to sell them without certificates.
Is there any truth to what he says about it being illeagle and do you think I have anything to worry about if I try to sell them? I would include all of this information in my auction listing.
Thank you for you time and consideration.
Ed

ANSWER: You have a complicated issue on your hands.  First, let me say that there is, to my knowledge, no federal law controlling the sale of prints.  There are some states that may have enacted such a law.  Illinois is one I know.  Maybe California.

Allow me to make mention of the fact that Pitre is one of those artists who sells work in 3rd or 4th rate galleries.  A first rate gallery would not handle them.  The reason for this is that the works are over the top in romanticism, and very, very derivative.  Just as one would want their art purchase to be an original, so the seasoned collector would like to see a less derivative work.

That being said, I am sure that there are a lot of people who admire his work.  It is very skillfully done.  And there is no debating taste, is there?

I know why the dealer does not want them listed on E-Bay.  The market determines the price of a work.  Should the works get no bids, or very low bids, this would have an effect on the prices he has established.

I am suspicious of the designation, "Gallery Proofs."  It is common for an artist to make what is properly termed "artist's proof."  These are the prints made in the process of creating and correcting a print for an edition.  Usually there are very few of them, and most artists keep them for themselves. I would suspect that the gallery proofs are among a host of other proofs.  There is no way to know how many of these gallery proofs were printed.  Not a good way to do business.

Now, I must tell you how I obtained the information that I have passed on to you.  I was on the Board of Directors of the Illinois Arts Council, and in that position, I lobbied for certificates and provenances, and I wrote the law that was enacted.  However, it does not restrict an individual selling a work to another individual. The law only applies to galleries.  

I have been an exhibiting artist for more than 40 years, and I have dealt with galleries from the Seattle to New York City, and in Europe.

What I would like to know:  do you really like the prints, and would you be prepared to buy them?  If so, I would offer $250 each.  Normally a gallery takes a 50% commission on sales, so I would think that the price he has quoted you includes this commission.  If he needs money badly enough, he might accept your offer.  At least, he might haggle with you over the price.

Before you go to E-Bay, you might take the prints to a couple of galleries to see if they might want to buy them from you.

I hope that I have been of some help, and good luck to you.

Ben Mahmoud

---------- FOLLOW-UP ----------

QUESTION: Thank you for your quick and informative answer.
I am a bit confused concerning the paragraph beginning:

What I would like to know:  do you really like the prints, and would you be prepared to buy them?  If so, I would offer $250 each.

Thanks again for your time and knowledge.

Are you suggesting that I should consider paying the Pitre Gallery $250. each for prints that I have already purchased at auction. ( the three Pitre prints were part of a lot of 100 prints that I purchased as a unit).
Or are you suggesting that I should offer to sell them to the Pitre Gallery?

Answer
Oh, my.  I did not realize that you had already purchased them.  That just went over my head.  Since you purchased them, they are yours.  Keep them, sell them.  I see no impediment.  Of course, keep the receipt from the purchase at auction.  I am not sure what you mean by "COAs".

But, now I am wondering about this, and you might get advise from an attorney.  If the Pitre Gallery does not get paid for the prints by the dissolved gallery, the Pitre Gallery might claim they were "stolen."  If so, there may be a penalty to have items that you know were "stolen."  But I am not an attorney...it is just a thought.

Ben Mahmoud