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Art Litigation

Improper Practices Part II

brokenart1

Yesterday’s note on practices in the art market brought forth a slew of comments and suggestions for publication. We have vetted and two of them and will convey them on to you here.

1) An invoice, not objected to within 30 days by the recipient is deemed to be accepted and becomes a contractual obligation to pay. Buyers, beware of contested invoices going uncontested for more than thirty days.

2) When shipping valuable items with one’s shipper, do not waive any claims of damage to the works while in the hands of the shipper unless you have obtained, in writing, permission for the waiver from your insurer. Failure to do so is cause for the insurance company to deny coverage on damage and, in fact, cancel the policy.

As the art business has grown, the laws, as mentioned here, have the attention of the authorities and enforcement is severe – a reason the community should consult with competent counsel as to its business practices.

We would appreciate your input to our series as we develop these memorandums for the community’s benefit.

Thank you,

ArtAssure Ltd.

info@artassure.com

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Improper Practices

2

Tina Fineberg for The New York Times

ArtAssure Ltd. is assembling a series on common legally dangerous practices prevalent in the art market today for use by art professionals.

 

Recently we have learned of a very odd practice, seemingly oft repeated, in the importation of valuable art objects. Certain art dealers and shippers have been declaring zero value for import purposes on highly valuable art objects. Curiosity caught our attention and a quick look on why revealed two interesting details. First, goods declared at zero are not likely to be inspected by customs or other agencies. Second, a zero declaration eliminates certain incoming fees. We also learned that this is not condoned by the authorities who suspect money laundering. This practice, when discovered, enables an insurance company to deny coverage on the artwork, as well as to cancel the policy.

 

Another practice, recently clarified, that of selling art to New York residents from other states. Dealers are not exempt from collecting and paying over New York State sales tax.

 

Most importantly, one must not pay to or receive funds on sales of art from or to third parties. The sources of funds must always be identifiable by the recipient and payments must go to known parties.

 

As the art business has grown the laws, as mentioned here, have the attention of the authorities and enforcement is severe – a reason the community should consult with competent counsel as to their business practices.

 

We would appreciate your input to our series as we develop these memorandums for the community’s benefit.

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Sell Art at Auction with Complete Anonymity

According to a recent New York Times article the New York Court of Appeals has decided to review a recent ruling that could force the state’s auction industry to end its longstanding practice of keeping sellers’ names anonymous. For  more information about how ArtAssure’s services can provide you total anonymity when selling privately or at auction, please call 212-288-8860, email info@artassure.com, or submit an inquiry through the contact form.

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French Art Dealer Demands Ransom for Modigliani Provenance

To read the COMPLAINT filed against Sidney Tenoudji, please visit here.

To read the FIRST NOTICE for DISCOVERY and INSPECTION, please visit here.

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