In seeking to revoke the sale based on an “incomplete” provenance, the buyer claimed that the provenance constituted a warranty under the Uniform Commercial Code (“UCC”) because it was part of the “basis of the bargain.” Under UCC § 2-313(1)(a), “[a]ny affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.” Section 2-313(1)(b) provides that “[a]ny description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.” It is hard to argue that these sections are not worded broadly enough to encompass the provenance of art work, assuming that provenance was considered part of “the basis of the bargain” when the artwork was sold. The bad news for the seller is that determining whether the provenance was part of “the basis of the bargain” in a given transaction will likely be a question of fact for a jury to decide. That means that, absent precautionary measures such as an express disclaimer as to completeness and accuracy, the question of whether the provenance provided by the seller in an art sale constitutes a warranty will not be decided until after a good deal of expensive litigation. And it is certain that if the provenance is arguably misrepresented or incomplete, the buyer will be able to produce an “expert” to testify about the importance of provenance in the art world, all in support of the buyer’s argument that the given provenance was part of the basis of the bargain.
One may logically question the real meaning of the difference between a genuine and a spurious work of art when in many cases it requires such expert study to detect the difference between the two. Or to phrase it another way, what is the difference in value of a work of art that has been on view in a museum for 40 years, after it has been proved to be false? This is a somewhat philosophical point in that the object itself has not changed, only our opinion of it. Its monetary value has been reduced from that of a rare, expensive, original piece to that of an attractive but spurious imitation. Its aesthetic quality has become a real danger, as it is a perversion of the truth. The forgery presents a false understanding of the work of an artist or an ancient culture, one which has been perverted in its modern translation. To appreciate the work of ancient artists their work must be studied alone and not be diverted by forgeries, or one will be inexorably misguided.
Forgery, in art, a work of literature, painting, sculpture, or objet d’art that purports to be the work of someone other than its true maker. The range of forgeries extends from misrepresentation of a genuine work of art to the outright counterfeiting of a work or style of an artist. Forgery must be distinguished from copies produced with no intent to deceive.
Provenance research, or the history of ownership of a work of art, is a regular part of museum practice. The goal of provenance research is to trace the history of an artwork through its owners and locations, from the moment of its creation until today. The Nelson-Atkins Museum of Art conducts regular, ongoing provenance research on the artwork in its collection.
Conservation issues of Pompeii and Herculaneum Conservation-restoration of Ecce Homo by Elías García Martínez Conservation-restoration of The Gross Clinic by Thomas Eakins Conservation-restoration of Leonardo da Vinci's The Last Supper Conservation-restoration of the Shroud of Turin Conservation-restoration of the Sistine Chapel frescoes Conservation-restoration of the Statue of Liberty Conservation-restoration of the H.L. Hunley Modern and Contemporary Art Research Initiative
According to former art consultant Beth Fiore, people don’t normally buy art with cash in the US; “Cash payments for art happen in Russia [and the] Middle East” more often. So if you’re keeping your fortune under your mattress and don’t live in either of those places, you’ll need to get your money into a bank account without alerting the authorities. One way to do that is by smurfing. Despite the mental image of a blue cartoon character riding a surfboard that you may have conjured, smurfing means depositing money into a bank account or several bank accounts by breaking it up in to many small amounts that are deposited at different times, by different people. US banks must report any deposits over $10,000 to the IRS, so in order to stay sneaky, you’ll need to make a series of deposits that are less than that amount. You can hire “smurfs” to help you, who are often ordinary people willing to make an extra buck by opening up a joint bank account in their name, that you or your company has access to, and depositing money into it every day.
You might have seen his stuff in New York’s Metropolitan Museum or in the Hermitage in Lausanne…to name just a couple. You can also see them in the homes of the one percent. Actor Steve Martin bought this one. Beltracchi’s forgeries have also made it into art books listing the best paintings of the 20th century and have been sold in many of the world’s top auction houses.
In June, antiques dealers Laurent Kraemer, head of Paris’s venerable Kraemer Gallery, and chair specialist Bill Pallot, were arrested on suspicion of selling the Palace of Versailles four counterfeit medallion back chairs for €1.7 million ($1.9 million). Counted as “National Treasures,” the chairs were thought to be among a group of 13 created by Louis Delanois for the Palace living room in 1769, where they belonged to Louis XV’s last mistress, the countess du Barry.
Contact an art advisor to help you find a buyer for your work or see if an auction house like Sotheby’s or Christie’s wants to auction it for you. If they help you sell your collection, they will make money, so it’s in their best interest not to ask any questions. Make an appointment with an auction house to appraise the pieces in your collection. You’ll sign a contract that says you are allowing the auctioneers to sell your collection on consignment, which means if it sells you get paid, and if it doesn’t you get the art returned to you. It will also tell you what sort of fees you will be charged - like insurance, shipping, and the auction house’s cut. You’ll ship the work to the auction house, wait for your collection to be sold, and make it rain.
The art world was quick to fall in line, with London’s National Gallery displaying the Gentileschi and the Pamigianino popping up at New York’s Metropolitan Museum of Art. At one point, the Louvre in Paris launched a fundraising campaign to buy the Hals, dubbing it a “national treasure” after it was authenticated by France’s Center for Research and Restoration.
Art specialists with expertise in art authentication began to surface in the art world during the late 1850s. At that time they were usually historians or museum curators, writing books about paintings, sculpture, and other art forms. Communication among the different specialties was poor, and they often made mistakes when authenticating pieces. While many books and art catalogues were published prior to 1900, many were not widely circulated, and often did not contain information about contemporary artwork. In addition, specialists prior to the 1900s lacked many of the important technological means that experts use to authenticate art today. Traditionally, a work in an artist's "catalogue raisonné" has been key to confirming the authenticity, and thus value. Omission from an artist's catalogue raisonné indeed can prove fatal to any potential resale of a work, notwithstanding any proof the owner may offer to support authenticity.
Another reason that art fraud is difficult to control is that the art market is enormous, unwieldy, and greatly varied, embracing items from Victorian buttons to 6th-century Greek vases and from medieval pilgrim badges to contemporary photographs. Business is often conducted under the veil of secrecy, with buyers wishing to remain anonymous to avoid the attention of burglars and other opportunists. It would be logistically impossible to monitor all of the transactions between dealers, private collectors, and museums that are in the business of acquiring art. Suspected art forgeries are generally considered on a case-by-case basis, because they can usually be identified only by an expert in the field. But it is not unusual for two experts to have wildly different opinions of the authenticity of the same object, based in each case on reputable evidence.