The San Francisco Chronicle ran two stories on the Jolika Collection of Oceanic Art that is housed at the De Young Museum. The outcome of a family lawsuit may determine if this collection stays at the De Young or is sold off to cover legal obligations. The two links below on the SF Chronicle website have the latest information as of Sept. 23rd.
http://www.sfgate.com/cgi-bin/article/article?f=/c/a/2008/09/20/MN13131GMH.DTL
http://www.sfgate.com/cgi-bin/article/article?f=/c/a/2008/09/23/BADC132MVB.DTL
Sunday, September 28, 2008
Tuesday, September 16, 2008
GUIDELINES FOR BUYERS AND SELLERS
For more than 30 years I have been in the tribal art business, of which the primary activity is purchasing objects from a variety of sources and then re-selling them to collectors, institutions, or other retailers. It would seem that the guidelines for buying and selling tribal art (or any kind of art) would be obvious, but it has been my experience this is not always the case. This is especially true with new collectors, who may be unaware of the subtle details. I have also experienced some issues with “seasoned” buyers who occasionally fail to properly follow through on a purchase.
Because these issues come up on a regular basis, I want to make an attempt to clarify what I believe is the proper business relationship between buyers and sellers. These guidelines do not apply to every transaction and not every seller or buyer will agree with my view, but I believe it is important to make these points anyway. This set of guidelines is not inclusive and others may have suggestions or corrections, which I welcome.
Terminology note: because professional dealers buy as much as they sell and collectors often sell items from their collections, to keep this simple: anyone offering pieces for sale will be identified as a “seller” and anyone making a purchase will be identified as a “buyer”.
Buyers should be aware that professional sellers are regularly asked for information about items they have for sale. This is part of the job and most sellers are comfortable answering these questions, within reason. These days, most professional sellers have websites, so naturally inquiries via email are routine. Unfortunately, it is clear that many of these inquiries are not from people seriously interested in buying a piece, but more of a fishing expedition for prices, perhaps as a comparison of value to pieces in their own collections, or to obtain free information. It really takes up a lot of valuable time and energy for sellers to differentiate between the serious and the merely curious. The bottom line is that buyers should understand that there needs to be some limitations on these inquires and be sensitive to the amount of time one might expect a seller to provide additional images and information.
All items are subject to availability, so the buyer needs to make it clear if they want a particular item and are willing to abide by the terms of the seller. A buyer can ask for an item to be put on “hold”, but should not expect the seller to do this for more than a few days, unless very specific arrangements have been made. The buyer needs to communicate their intentions as soon as possible, otherwise, the seller has the right to offer it elsewhere or sell the item to the first buyer that has made a commitment.
Prices may change so buyers should not expect them to remain the same if they ask about an item at a later time. Prices are like the stock market, one day it might be up and another day it might be down. Sellers have the right to change their prices based on evolving market conditions or their personal financial needs. Obviously, it would be unfair for a seller to raise the price of an item in mid-negotiation, but at any other time, it is acceptable.
With all of the above in mind, buyers should pay attention to these basic guidelines:
If the buyer has any questions or concerns they should ask these before making their final decision. Again, keeping in mind the amount of time used to do so.
When asking about an item or requesting a price, it is always polite to follow up regardless of the decision. The seller takes time to answer these questions and of course wants to know if a potential buyer is really interested in making the purchase. There could be others asking about that same item and it is extremely helpful to know which inquiries are serious.
It is usually acceptable for buyers to negotiate on a purchase. Most sellers are willing to work terms with a buyer, so it never hurts to ask. For example, a buyer might ask the seller for a reasonable discount on the price, or possibly to cover shipping costs or the sales tax (if it applies). The buyer might ask for a payment plan. One or two of these requests might be acceptable, but it would be unfair to ask a seller for a discount and then ask for time to make payments. It should also be clear that not all sellers are willing to give terms and even ones that normally do so might not with special or unusually rare items.
The buyer should be clear about the payment method they would like to use (check, money order, wire transfer, credit card, cash, etc) and when they will pay. The type of payment method and timing of the payment usually has a bearing on the amount a seller may be willing to discount. Unless arrangements are made in advance, the seller usually expects the payment immediately.
This last point is important as most professional sellers are continually setting up other purchases and often make these deals based on their expectation of cash flow. If a buyer agrees to make a purchase and sets a time to make that payment, the seller fully expects that payment to come at or before that time, so they have those funds available to run their business. If a buyer runs into some unexpected trouble making that payment, they are obligated to communicate with the seller as soon as possible to make other arrangements.
The buyer is expected to make the full payment, including shipping costs (if necessary), before taking possession of the item. Exceptions may be made for buyers well-known to the seller, but only if the seller is willing to do so. Getting items on approval without payment is the exception, not the norm, so it should not be expected.
Assuming an item has been shipped; once it arrives the buyer should acknowledge receipt immediately, noting any condition issues. It would be helpful if the buyer would let the seller know as soon as possible if they are keeping the piece or returning it. Most sellers give time to the buyer to make their final decision (usually no more than a week), but the sooner the seller knows if the sale is final, the better.
If a buyer does decide to return an item, they should do so in a timely manner and make sure the item is returned in the same condition it arrived. The buyer cannot expect the seller to give a full refund if the item is returned damaged.
Most sellers will give a full refund for returned items, less the cost of shipping, if done so in the agreed upon time period. After that time period has elapsed the seller may opt to offer credit or exchange. Buyers should be fully aware of a seller’s return policy before making their purchase, so there is no misunderstanding at a later date. It has been my experience that most sellers are cooperative when it comes to returns, but they do have to protect themselves from simple “buyer’s remorse” or items that have been unfairly discredited by other less knowledgeable or unscrupulous sellers.
Professional sellers are always appreciative when buyers make their lives a bit easier. Some enthusiasm and passion for the art, good communication, a quick decision, and on time payments are all we really ask for. If the buyer makes the transaction easy for the seller it is virtually a guarantee the seller will go out of their way to make things easier for the buyer, especially on future sales.
That said, sellers are also obligated to know their material and provide accurate information. They should be fair in their assessment of each piece and offer buyers an honest evaluation of relative quality, rarity, condition, and value. They should provide clear title and provide verifiable provenance when possible. They should clearly state any condition problems and note major restorations or repairs. They should provide a written guarantee of authenticity. They should state a clear return policy. The seller should be responsible for packing items properly and ship immediately upon receipt of funds. And finally, they should allow for a reasonable time period for the buyer to make a final decision on any purchase, especially with sales made by photographs or via the internet.
Because these issues come up on a regular basis, I want to make an attempt to clarify what I believe is the proper business relationship between buyers and sellers. These guidelines do not apply to every transaction and not every seller or buyer will agree with my view, but I believe it is important to make these points anyway. This set of guidelines is not inclusive and others may have suggestions or corrections, which I welcome.
Terminology note: because professional dealers buy as much as they sell and collectors often sell items from their collections, to keep this simple: anyone offering pieces for sale will be identified as a “seller” and anyone making a purchase will be identified as a “buyer”.
Buyers should be aware that professional sellers are regularly asked for information about items they have for sale. This is part of the job and most sellers are comfortable answering these questions, within reason. These days, most professional sellers have websites, so naturally inquiries via email are routine. Unfortunately, it is clear that many of these inquiries are not from people seriously interested in buying a piece, but more of a fishing expedition for prices, perhaps as a comparison of value to pieces in their own collections, or to obtain free information. It really takes up a lot of valuable time and energy for sellers to differentiate between the serious and the merely curious. The bottom line is that buyers should understand that there needs to be some limitations on these inquires and be sensitive to the amount of time one might expect a seller to provide additional images and information.
All items are subject to availability, so the buyer needs to make it clear if they want a particular item and are willing to abide by the terms of the seller. A buyer can ask for an item to be put on “hold”, but should not expect the seller to do this for more than a few days, unless very specific arrangements have been made. The buyer needs to communicate their intentions as soon as possible, otherwise, the seller has the right to offer it elsewhere or sell the item to the first buyer that has made a commitment.
Prices may change so buyers should not expect them to remain the same if they ask about an item at a later time. Prices are like the stock market, one day it might be up and another day it might be down. Sellers have the right to change their prices based on evolving market conditions or their personal financial needs. Obviously, it would be unfair for a seller to raise the price of an item in mid-negotiation, but at any other time, it is acceptable.
With all of the above in mind, buyers should pay attention to these basic guidelines:
If the buyer has any questions or concerns they should ask these before making their final decision. Again, keeping in mind the amount of time used to do so.
When asking about an item or requesting a price, it is always polite to follow up regardless of the decision. The seller takes time to answer these questions and of course wants to know if a potential buyer is really interested in making the purchase. There could be others asking about that same item and it is extremely helpful to know which inquiries are serious.
It is usually acceptable for buyers to negotiate on a purchase. Most sellers are willing to work terms with a buyer, so it never hurts to ask. For example, a buyer might ask the seller for a reasonable discount on the price, or possibly to cover shipping costs or the sales tax (if it applies). The buyer might ask for a payment plan. One or two of these requests might be acceptable, but it would be unfair to ask a seller for a discount and then ask for time to make payments. It should also be clear that not all sellers are willing to give terms and even ones that normally do so might not with special or unusually rare items.
The buyer should be clear about the payment method they would like to use (check, money order, wire transfer, credit card, cash, etc) and when they will pay. The type of payment method and timing of the payment usually has a bearing on the amount a seller may be willing to discount. Unless arrangements are made in advance, the seller usually expects the payment immediately.
This last point is important as most professional sellers are continually setting up other purchases and often make these deals based on their expectation of cash flow. If a buyer agrees to make a purchase and sets a time to make that payment, the seller fully expects that payment to come at or before that time, so they have those funds available to run their business. If a buyer runs into some unexpected trouble making that payment, they are obligated to communicate with the seller as soon as possible to make other arrangements.
The buyer is expected to make the full payment, including shipping costs (if necessary), before taking possession of the item. Exceptions may be made for buyers well-known to the seller, but only if the seller is willing to do so. Getting items on approval without payment is the exception, not the norm, so it should not be expected.
Assuming an item has been shipped; once it arrives the buyer should acknowledge receipt immediately, noting any condition issues. It would be helpful if the buyer would let the seller know as soon as possible if they are keeping the piece or returning it. Most sellers give time to the buyer to make their final decision (usually no more than a week), but the sooner the seller knows if the sale is final, the better.
If a buyer does decide to return an item, they should do so in a timely manner and make sure the item is returned in the same condition it arrived. The buyer cannot expect the seller to give a full refund if the item is returned damaged.
Most sellers will give a full refund for returned items, less the cost of shipping, if done so in the agreed upon time period. After that time period has elapsed the seller may opt to offer credit or exchange. Buyers should be fully aware of a seller’s return policy before making their purchase, so there is no misunderstanding at a later date. It has been my experience that most sellers are cooperative when it comes to returns, but they do have to protect themselves from simple “buyer’s remorse” or items that have been unfairly discredited by other less knowledgeable or unscrupulous sellers.
Professional sellers are always appreciative when buyers make their lives a bit easier. Some enthusiasm and passion for the art, good communication, a quick decision, and on time payments are all we really ask for. If the buyer makes the transaction easy for the seller it is virtually a guarantee the seller will go out of their way to make things easier for the buyer, especially on future sales.
That said, sellers are also obligated to know their material and provide accurate information. They should be fair in their assessment of each piece and offer buyers an honest evaluation of relative quality, rarity, condition, and value. They should provide clear title and provide verifiable provenance when possible. They should clearly state any condition problems and note major restorations or repairs. They should provide a written guarantee of authenticity. They should state a clear return policy. The seller should be responsible for packing items properly and ship immediately upon receipt of funds. And finally, they should allow for a reasonable time period for the buyer to make a final decision on any purchase, especially with sales made by photographs or via the internet.
Sunday, September 14, 2008
3-PART LA TIMES STORY ON ROXANNA BROWN
The Los Angeles Times ran a three part story (Sept, 11,12, 13) on Roxanna Brown, the former director of the Bangkok University Museum and Thai ceramics expert, who died in Federal custody this year. She was arrested as part of the ongoing tax fraud and smuggling investigation involving two local LA dealers and several Southland museums. Fascinating story. All three parts can be found at the link below (although the third part is not clearly indicated on the LA Times website).
http://www.latimes.com/news/local/crime/la-me-roxanna-sg,0,3022894.storygallery
http://www.latimes.com/news/local/crime/la-me-roxanna-sg,0,3022894.storygallery
Tuesday, July 15, 2008
LACMA BUYS OCEANIC PIECES
The Los Angeles County Museum of Art acquired a significant private collection of rare Pacific Island art. The acquisition, announced on July 8th, 2008, comprises of 48 rare works purchased from the Masco Corp. Foundation of Detroit.
For the full story, please go to this link on the Los Angeles Times website:
Saturday, June 28, 2008
AFGHAN TREASURES ON TOUR
Art: Back Out in the World.
Los Angeles Times, June 15, 2008
http://www.latimes.com/entertainment/la-ca-afghan15-2008jun15,0,1538409.story
"Hidden Treasures From the National Museum Museum, Kabul" currently at the National Gallery of Art, Washington D.C. On tour to the Asian Art Museum of San Francisco in October, and then the Museum of Fine Arts of Houston and the Met in New York before returning to Kabul by Sept. 2009.
Los Angeles Times, June 15, 2008
http://www.latimes.com/entertainment/la-ca-afghan15-2008jun15,0,1538409.story
"Hidden Treasures From the National Museum Museum, Kabul" currently at the National Gallery of Art, Washington D.C. On tour to the Asian Art Museum of San Francisco in October, and then the Museum of Fine Arts of Houston and the Met in New York before returning to Kabul by Sept. 2009.
COLLECTING FOLK ART
A very interesting article in the Wall Street Journal on collecting Folk Art:
Collecting: Loving the Ugly Mermaid
Wall Street Journal, June14/15, 2008, page W3 or online at:
http://online.wsj.com/article/SB121340317110073921.html
Collecting: Loving the Ugly Mermaid
Wall Street Journal, June14/15, 2008, page W3 or online at:
http://online.wsj.com/article/SB121340317110073921.html
Friday, May 30, 2008
NEW YORK TRIBAL & TEXTILE ART SHOW
REVIEW OF THE NEW YORK TRIBAL AND TEXTILE ART SHOW
The NY show’s venue has changed back to the original armory at Lexington and 26th and held one week earlier. From the exhibitors' viewpoint this was a long overdue and necessary move. Our set-up and show schedule at the previous venue was awkward and tight, to say the least. We were forced to get everything ready in less than one day leading to either a rushed opening on Friday night or early bird entry on Saturday morning as well a ridiculous four days run that ended on Tuesday.
At the new venue the show organizers had enough time to properly prepare the booths (walls, paper, lighting, displays, and shipments) allowing two days for set-up and vetting. Behind the scenes, logistics were smooth and relatively stress-free. Also, I like the neighborhood better than the uptown armory: more restaurants, bars, and businesses.
Seller anticipation was mixed. Prior to 9/11, NY was the hottest tribal art venue in the US, overshadowing the SF and LA shows. Sales were brisk and attendance was consistently high, with considerable representation from dealers and collectors from Europe and other areas of the US. After 9/11 the show waned and frankly, never recovered its previous glory.
Attempts at getting sponsorship and serious new collectors to our opening nights failed miserably. None of these sponsors brought out “their” people. Another big disappointment: even the regular collectors barely made the time to come by. Eventually, this led to dropping the opening night for a 10 am Saturday early entry. The only advantage was it allowed for a few more hours of set-up on Friday.
The last two years at the previous venue, the organizers and PR firm were able to get stunning reviews in the NY Times, which we all hoped would bring in those valuable “new” collectors we are all looking for. Unfortunately, our awkward show schedule could not get this review out before the weekend and instead came out on Monday, when things were winding down. The first year of the review did appear to bring out some new faces on Monday and Tuesday, but no serious buyers. It was difficult to tell if the second review had much impact.
This year, opening night was on Wednesday with regular hours running from Thursday through Sunday. I assume the extra week day was added so the NY Times reviewer would have ample time to review and publish before the weekend. A tepid review by a different (and clearly unenthusiastic) reporter did make the Friday addition however; it did not appear to help bring in new buyers this year.
Much to our relief, this year’s opening night was relatively a big success. Attendance was way up with many of the big collectors making an appearance. There was actually an excitement in the air and it looked as if the show was making a serious comeback! From what I heard, most sales were made on that night or by the next day.
I felt attendance for the remaining regular dates was adequate, but in my opinion there was a real lack of enthusiasm for buying at this point. I saw regular clients and chatted with many people new to me, but had virtually no sales after the first day or two. Again, most of the exhibitors I talked to reported the same story.
Many will blame the economic slowdown or discouraging political news. Others would like to blame the show organizers for failing to get the word out. I disagree with that assessment. First of all, I think the organizers and their PR people do a very good job of promoting the show. The word is out, but for reasons out of their control, only so many people bother to attend and even less buy. I suppose the economy might affect the buying habits of some mid to low level collectors, but in reality most of the regular collectors I know tend to live above the whims of temporary economic changes, so I don’t think this was big factor.
Sotheby’s and Bonham’s/Butterfields were holding their tribal auctions that week, which should have attracted more serious buyers to town and in theory brought them over to the tribal art show. However, it also has the potential to dilute sales in a now overly saturated marketplace, so perhaps that had some negative effect. Hard to gauge this one. It should be noted that sales at the Sotheby’s auction were very good with a record price paid for an African piece.
Perhaps the tribal art community is just not making a good enough case publically to encourage new collectors to pay attention. Perhaps, as sellers, we are just not bringing the right material and offering them at prices that would entice new (and old) collectors? If so, I don’t know how to solve this last problem as any seller will tell you that prices at the supply end are consistently up and the availability of good material is down.
It is my view that one significant part of the problem is many buyers do not really pay attention to the dynamics that support these tribal art shows. Do buyers really understand that sellers pay considerable sums of money, plus the costs of inventory, with some risk of loss and damage, as well as their time to exhibit at these shows?
Yes, we are all networking with other dealers, museum curators, academics, and of course collectors, that may or may not bear fruit over time. There is much to learn at these shows and acquiring important information cannot be underestimated or easily valued. For each locality this is THE tribal art event, a “Tribal Art Woodstock” if you will, that brings us together as a community. Without a sense of community, we are potentially nothing more than rogue sellers, naïve collectors, or ivory tower academics that will lose the benefits of standards, openness, and cooperation.
But, the bottom line and economic stimulus that insures these shows will continue is sales. If buyers are not buying, sellers cannot afford to pay these high fees to exhibit. Without regular high quality sellers, the shows will fall to the wayside (take the struggling University of Philadelphia show and failed attempts in Seattle and Chicago as a good examples). Without these shows, the community loses a valuable educational and promotional asset.
Obviously, I would encourage buyers to pay more attention to the needs of sellers at these shows. We are here to sell, so if at all possible, buy. Take advantage of the opportunity presented to view and purchase great, authentic (and vetted) tribal art. We all want to see these shows survive and thrive, so any cooperation on the part of buyers will be rewarded and appreciated. Lastly, we all need to continue working on better ways to promote tribal art to a wider audience.
For another viewpoint and review of the NY Tribal and Textile Art Show I would encourage you to visit the Tribalmania website at: http://www.tribalmania.com/. Michael Auliso does a more comprehensive review with lots of good images. I am not sure if his review of the NY show is up at the time of my posting, but I am sure it will be soon.
The NY show’s venue has changed back to the original armory at Lexington and 26th and held one week earlier. From the exhibitors' viewpoint this was a long overdue and necessary move. Our set-up and show schedule at the previous venue was awkward and tight, to say the least. We were forced to get everything ready in less than one day leading to either a rushed opening on Friday night or early bird entry on Saturday morning as well a ridiculous four days run that ended on Tuesday.
At the new venue the show organizers had enough time to properly prepare the booths (walls, paper, lighting, displays, and shipments) allowing two days for set-up and vetting. Behind the scenes, logistics were smooth and relatively stress-free. Also, I like the neighborhood better than the uptown armory: more restaurants, bars, and businesses.
Seller anticipation was mixed. Prior to 9/11, NY was the hottest tribal art venue in the US, overshadowing the SF and LA shows. Sales were brisk and attendance was consistently high, with considerable representation from dealers and collectors from Europe and other areas of the US. After 9/11 the show waned and frankly, never recovered its previous glory.
Attempts at getting sponsorship and serious new collectors to our opening nights failed miserably. None of these sponsors brought out “their” people. Another big disappointment: even the regular collectors barely made the time to come by. Eventually, this led to dropping the opening night for a 10 am Saturday early entry. The only advantage was it allowed for a few more hours of set-up on Friday.
The last two years at the previous venue, the organizers and PR firm were able to get stunning reviews in the NY Times, which we all hoped would bring in those valuable “new” collectors we are all looking for. Unfortunately, our awkward show schedule could not get this review out before the weekend and instead came out on Monday, when things were winding down. The first year of the review did appear to bring out some new faces on Monday and Tuesday, but no serious buyers. It was difficult to tell if the second review had much impact.
This year, opening night was on Wednesday with regular hours running from Thursday through Sunday. I assume the extra week day was added so the NY Times reviewer would have ample time to review and publish before the weekend. A tepid review by a different (and clearly unenthusiastic) reporter did make the Friday addition however; it did not appear to help bring in new buyers this year.
Much to our relief, this year’s opening night was relatively a big success. Attendance was way up with many of the big collectors making an appearance. There was actually an excitement in the air and it looked as if the show was making a serious comeback! From what I heard, most sales were made on that night or by the next day.
I felt attendance for the remaining regular dates was adequate, but in my opinion there was a real lack of enthusiasm for buying at this point. I saw regular clients and chatted with many people new to me, but had virtually no sales after the first day or two. Again, most of the exhibitors I talked to reported the same story.
Many will blame the economic slowdown or discouraging political news. Others would like to blame the show organizers for failing to get the word out. I disagree with that assessment. First of all, I think the organizers and their PR people do a very good job of promoting the show. The word is out, but for reasons out of their control, only so many people bother to attend and even less buy. I suppose the economy might affect the buying habits of some mid to low level collectors, but in reality most of the regular collectors I know tend to live above the whims of temporary economic changes, so I don’t think this was big factor.
Sotheby’s and Bonham’s/Butterfields were holding their tribal auctions that week, which should have attracted more serious buyers to town and in theory brought them over to the tribal art show. However, it also has the potential to dilute sales in a now overly saturated marketplace, so perhaps that had some negative effect. Hard to gauge this one. It should be noted that sales at the Sotheby’s auction were very good with a record price paid for an African piece.
Perhaps the tribal art community is just not making a good enough case publically to encourage new collectors to pay attention. Perhaps, as sellers, we are just not bringing the right material and offering them at prices that would entice new (and old) collectors? If so, I don’t know how to solve this last problem as any seller will tell you that prices at the supply end are consistently up and the availability of good material is down.
It is my view that one significant part of the problem is many buyers do not really pay attention to the dynamics that support these tribal art shows. Do buyers really understand that sellers pay considerable sums of money, plus the costs of inventory, with some risk of loss and damage, as well as their time to exhibit at these shows?
Yes, we are all networking with other dealers, museum curators, academics, and of course collectors, that may or may not bear fruit over time. There is much to learn at these shows and acquiring important information cannot be underestimated or easily valued. For each locality this is THE tribal art event, a “Tribal Art Woodstock” if you will, that brings us together as a community. Without a sense of community, we are potentially nothing more than rogue sellers, naïve collectors, or ivory tower academics that will lose the benefits of standards, openness, and cooperation.
But, the bottom line and economic stimulus that insures these shows will continue is sales. If buyers are not buying, sellers cannot afford to pay these high fees to exhibit. Without regular high quality sellers, the shows will fall to the wayside (take the struggling University of Philadelphia show and failed attempts in Seattle and Chicago as a good examples). Without these shows, the community loses a valuable educational and promotional asset.
Obviously, I would encourage buyers to pay more attention to the needs of sellers at these shows. We are here to sell, so if at all possible, buy. Take advantage of the opportunity presented to view and purchase great, authentic (and vetted) tribal art. We all want to see these shows survive and thrive, so any cooperation on the part of buyers will be rewarded and appreciated. Lastly, we all need to continue working on better ways to promote tribal art to a wider audience.
For another viewpoint and review of the NY Tribal and Textile Art Show I would encourage you to visit the Tribalmania website at: http://www.tribalmania.com/. Michael Auliso does a more comprehensive review with lots of good images. I am not sure if his review of the NY show is up at the time of my posting, but I am sure it will be soon.
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