consignment woes...

updated mon 8 sep 03

Stephen Sell on sat 6 sep 03

The largest community art center in my area has a gallery that accepts work from artists on a consignment basis (55/45 split). Payment is to be made by the end of the month following the sale.

 

Earlier this year, I had a consignment check refused for deposit and was told by my bank that the funds were not available (a $60 check). I made a few phone calls to the art center / gallery and was assured that if I tried to deposit the check again the following day, all would be well... It is my understanding that the art center / gallery is in the midst of a financial crisis and I gave them the benefit of the doubt. I was successful in depositing the check the following day.

 

The gallery contacted me in late June and stated that they had sold some of my larger pieces (in excess of $600) and could I bring in more pots... Great!!! I thought. July came and went and no consignment check... I called in mid August and spoke with the gentleman responsible for issuing the consignment checks and was told money was tight and that they would issue my check by the end of August and that if there were a problem, they would contact me. We're now going into the second week of September and still no check. I've placed two calls to the gallery and have been unable to speak with the person responsible and have not had any of my phone messages returned.

 

So, here I sit... pondering my options. Do I continue to wait? Pull my pots out of the gallery? If I pull my work form the gallery, it still doesn't get me paid and exacerbates the financial situation at the art center. I was honored that my work was respected enough to be included in the gallery, and feel that if I pull out my pots, I'll have no chance in getting back in... yet what's the sense if I'm not getting paid!

 

I feel as if the writings on the wall.

 

Stephen

 

 

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Craig Martell on sat 6 sep 03

Hello Stephen:

Some states have laws that govern the sale of Art on consignment. We have
such a law here in Oregon. You might want to check and see what's on the
books in your home state.

But, law or no law, the gallery should not be able to operate on funds that
are due the artist from the sale of work on consignment. Your 55% is held,
"in trust", and should be paid to you on a monthly basis. It is unethical
for a gallery to use your money to pay their bills. They have their 45%
commission for that.

I would drop by the gallery unannounced and respectfully demand to talk
with the person who can cut you a check and ask them to do it on the
spot. If this fails, I would have a lawyer draft a demand letter to the
gallery. This usually gets things moving right along. You want to avoid
expensive litigation but should it come to that, the courts should decide
in your favor.

Hopefully, you have a contract with the gallery that stipulates the terms
of consignment, how you are paid, etc. Look this over and see what is
stated and use everything in your favor to get your check when you visit
the gallery. Sometimes you have to go toe to toe with folks and explain
your rights and needs. I've done it, and this usually works.

If negotiations are not working, you might want to remove your work from
the gallery before a more hardline approach is used to recover the money
owed you. I sure wouldn't give them any more work until they settle their
current debt.

good luck, Craig Martell Hopewell, Oregon

Tony Ferguson on sat 6 sep 03

Stephen,

I would hand in there and ask them to present to you in writing their =
situation and when they will pay you (an agreeable date to you =
both--make sure the original date they were supposed to pay you by per =
your agreement is included). Create your paper trail just in case you =
need it.


Thank you.

Tony Ferguson
On Lake Superior, where the sky meets the Lake

Custom & Manufactured Kiln Design
Stoneware, Porcelain, Raku and more
by Coleman, Ferguson, Winchester...
http://www.aquariusartgallery.com
218-727-6339
315 N. Lake Ave
Apt 312
Duluth, MN 55806


----- Original Message -----=20
From: Stephen Sell=20
To: CLAYART@LSV.CERAMICS.ORG=20
Sent: Friday, September 05, 2003 11:11 PM
Subject: Consignment Woes...


The largest community art center in my area has a gallery that accepts =
work from artists on a consignment basis (55/45 split). Payment is to be =
made by the end of the month following the sale.

Earlier this year, I had a consignment check refused for deposit and =
was told by my bank that the funds were not available (a $60 check). I =
made a few phone calls to the art center / gallery and was assured that =
if I tried to deposit the check again the following day, all would be =
well... It is my understanding that the art center / gallery is in the =
midst of a financial crisis and I gave them the benefit of the doubt. I =
was successful in depositing the check the following day.

The gallery contacted me in late June and stated that they had sold =
some of my larger pieces (in excess of $600) and could I bring in more =
pots... Great!!! I thought. July came and went and no consignment =
check... I called in mid August and spoke with the gentleman responsible =
for issuing the consignment checks and was told money was tight and that =
they would issue my check by the end of August and that if there were a =
problem, they would contact me. We're now going into the second week of =
September and still no check. I've placed two calls to the gallery and =
have been unable to speak with the person responsible and have not had =
any of my phone messages returned.

So, here I sit... pondering my options. Do I continue to wait? Pull my =
pots out of the gallery? If I pull my work form the gallery, it still =
doesn't get me paid and exacerbates the financial situation at the art =
center. I was honored that my work was respected enough to be included =
in the gallery, and feel that if I pull out my pots, I'll have no chance =
in getting back in... yet what's the sense if I'm not getting paid!

I feel as if the writings on the wall.

Stephen





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Express yourself with MSN Messenger 6.0 -- download now! =
_________________________________________________________________________=
_____ Send postings to clayart@lsv.ceramics.org You may look at the =
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http://www.ceramics.org/clayart/ Moderator of the list is Mel Jacobson =
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Earl Brunner on sat 6 sep 03

Is this gallery part of the community art center? That is, is it being
run by the community art center i.e. by the city or community? If so,
get hold of someone in the city financial department and explain your
problem. It sounds like they need to be audited.

In any case, I would pull the stuff until the money is resolved, or you
may just be out more and more. You have explained your problem well.
However, if your work sells there, and apparently it did, it will sell
elsewhere. Find another venue.

-----Original Message-----
From: Clayart [mailto:CLAYART@LSV.CERAMICS.ORG] On Behalf Of Stephen
Sell
Sent: Friday, September 05, 2003 9:11 PM
To: CLAYART@LSV.CERAMICS.ORG
Subject: Consignment Woes...

The largest community art center in my area has a gallery that accepts
work from artists on a consignment basis (55/45 split). Payment is to be
made by the end of the month following the sale.....
....
We're now going into the second week of September and still no check.
I've placed two calls to the gallery and have been unable to speak with
the person responsible and have not had any of my phone messages
returned.

So, here I sit... pondering my options. Do I continue to wait? Pull my
pots out of the gallery? If I pull my work form the gallery, it still
doesn't get me paid and exacerbates the financial situation at the art
center. I was honored that my work was respected enough to be included
in the gallery, and feel that if I pull out my pots, I'll have no chance
in getting back in... yet what's the sense if I'm not getting paid!

I feel as if the writings on the wall.

Stephen




_____

Express yourself with MSN
Messenger 6.0 -- download now!
________________________________________________________________________
______ Send postings to clayart@lsv.ceramics.org You may look at the
archives for the list or change your subscription settings from
http://www.ceramics.org/clayart/ Moderator of the list is Mel Jacobson
who may be reached at melpots@pclink.com.

Earl Brunner on sat 6 sep 03

This advice from Craig is particularly important if they are going
under. In some places it can be difficult or impossible to recover you
consigned pieces that have NOT been sold if the place closes
unexpectedly. They shouldn't but some times do, treat ALL inventories
as a liquidatable asset of the gallery.

-----Original Message-----
From: Clayart [mailto:CLAYART@LSV.CERAMICS.ORG] On Behalf Of Craig
Martell
Sent: Saturday, September 06, 2003 7:01 AM
To: CLAYART@LSV.CERAMICS.ORG
Subject: Re: Consignment Woes...


If negotiations are not working, you might want to remove your work from
the gallery before a more hardline approach is used to recover the money
owed you. I sure wouldn't give them any more work until they settle
their
current debt.

good luck, Craig Martell Hopewell, Oregon

________________________________________________________________________
______
Send postings to clayart@lsv.ceramics.org

You may look at the archives for the list or change your subscription
settings from http://www.ceramics.org/clayart/

Moderator of the list is Mel Jacobson who may be reached at
melpots@pclink.com.

william schran on sat 6 sep 03

Stephen wrote about having work on consignment in a community art
center gallery that seems to be in financial trouble and is not
getting paid for work sold.

This is a subject that raises it ugly head every so often in this
group, but never is there one right answer in every circumstance.
First thing - is there a written contract? To deal with this legally,
ya gotta have a written contract!
I've been on both sides of this issue - as an artist consigning at
galleries and as a gallery owner.
The gallery owner does not own the work on consignment and has
absolutely no right to use the artist's percentage of any sales. The
gallery is holding the work/money in trust for the artist.

I know on several occasions when we had the gallery, money was tight
and it didn't seem there was enough to go around. We always paid our
artists first, paid our other debts til the money ran out, then go
and max out another credit card to pay the rest. In the end, after
having the gallery for 10 years, we decided to close - but we didn't
owe anything by then!

Is the gallery a private entity separate from the community center?
Who owns the community center? Is it county or city government run?
Perhaps you need to take the problem to a higher official?

I would advise removing your work from the gallery, demanding
immediate payment for all work sold or taking it to small claims
court. You've already let this go on too long.

Bill

Susan Setley on sat 6 sep 03

In a message dated 9/6/03 7:43:45 PM, wschran@EROLS.COM writes:

<<
This is a subject that raises it ugly head every so often in this
group, but never is there one right answer in every circumstance.
First thing - is there a written contract? To deal with this legally,
ya gotta have a written contract! >>


Not really. There is such a thing as an implied contract. If you have a
gallery, and I put pieces in the gallery for you to sell, and you have a track
record of paying the artist 50%, you can't suddenly claim that my pot was a gift
to you -- for your gallery, for you to sell and keep all the money.

Unless it's a huge amount of money, you may find that Small Claims Court is
your best recourse.

Bobbruch1@AOL.COM on sun 7 sep 03

Stephen Sell

<<<<<some of my larger pieces (in excess of $600) and could I bring in more pots...
Great!!! I thought. July came and went and no consignment check... I called in
mid August and spoke with the gentleman responsible for issuing the consignment
checks and was told money was tight and that they would issue my check by the
end of August and that if there were a problem, they would contact me. We're
now going into the second week of September and still no check. I've placed
two calls to the gallery and have been unable to speak with the person
responsible and have not had any of my phone messages returned.

That is called the proverbial runaround.

<<<pots out of the gallery?

You might ask yourself the question, "am I enjoying this situation?" It
doesn't sound like you are.

<<<exacerbates the financial situation at the art center.

Is that latter really your problem?

<<<< I was honored that my work was respected enough to be included in the
gallery, and feel that if I pull out my pots, I'll have no chance in getting
back in... yet what's the sense if I'm not getting paid!

Again, why do you want to be there? Is it prestige? It certainly cannot be
for cash flow? You might do better pulling your work and spending the time and
energy that you are expending on this situation by creating a relationship with
a more solvent and cooperative vendor.

Do you really want to "sell" more work there and be owed even more money?

<<<<<
Is anything open to question? Perhaps you should start checking into the
consignment laws in your state. Many states do not allow galleries to use your
$$$ from consignment sales on their administrative and operating expenses,
which is probably what occured.

You should consider sending them a certified letter asap stating that you
will take them to small claims court if you haven't been paid in full in 30 days.
Also, detail all of your efforts to contact them in that letter. Pull all of
your work just prior to mailing it. Then go to small claims court on day 30 if
you haven't been paid. Small claims court has a way of getting people's
attention. They may be paying the people who make the most noise.

Bob Bruch