Swann Galleries, Inc.

Review: My father and stepmother signed a contract with Swann Galleries to sell artwork. Prior to the sale my father died and my sister was named executor to my father's estate. When the will was finally probated, rather than forward the proceeds to both parties, Swann galleries forwarded a check to my father's estate, though I had relentlessly tried to explain to their person in charge, Mr. A[redacted] that my step mom should receive her proceeds directly. Now the executor is in charge of these monies and is taking her time to forward the portion due my stepmother. I have her durable power of attorney and am acting on her behalf.Desired Settlement: Cautionary word to this business that their actions were incorrect.

Consumer

Response:

The contract was signed by James S[redacted] and Carol M[redacted]. Half of the money for the sale should have gone to Ms. M[redacted] and the other half to the estate of James S[redacted]. But Swann sent all of the monies to the estate. I have Ms. M[redacted]'s durable power of attorney. If you would supply a fax number I can fax it to you. I don't have scanning ability. sorry.

Business

Response:

The material was consigned by James & Carol S[redacted] in mid-2013, with [redacted] acting on their behalf by delivering material and arranging for documents to be signed. The material was offered for sale in our auction 2323 on Oct 3, 2013. The Consignment Agreement was signed by Carol W M[redacted]/James A Strawder. In the weeks prior to the auction, Swann Galleries was contacted by Ms. W[redacted] and advised that Mr. S[redacted] had died on August 13, 2013 and that Ms. W[redacted] had authority over the collection as the executor of the Estate of James Strawder. [redacted] was advised of this contact and ceded control of the consignment to Ms. W[redacted]. On Sept 30, 2013 Ms. W[redacted] sent a letter to Swann confirming that the sale could proceed and that any funds would be disbursed to the Estate upon her instruction in the future. The account was then changed to read the James Alonzo S[redacted] Estate c/o Ms. W[redacted] in California. [redacted] was a dvised of all these changes as they were made and concurred. At no time did [redacted] provide the POA for her mother to us, nor did she advise that she retained any interest in or intent to collect any of the funds from the sale which were now in the control of Ms. W[redacted], as executor of the Estate. On July 30, 2015 Ms. W[redacted] instructed us to disburse the funds to the Estate and a check payable to the James Alonzo S[redacted] Estate was mailed to her on August 1, 2015.

Business

Response:

[redacted] and I had a telephone conversation on October **. I requested that she send to Swann Galleries a written request to retrieve the 3 remaining items. I will then forward the request to Ms. W[redacted] for her concurrence. Ultimately, it is up to [redacted] and Ms. W[redacted] to agree on the disposition of the remaining items, at which point Swann Galleries will deliver them as instructed and close the matter.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.

Sincerely,

Review: I live in [redacted] and relied upon the on-line catalogue of Swann Galleries.On 3/*/2015,at auction,by absentee bid,I purchased a graphic work from Swann Galleries. The auction catalogue stated the work was numbered 63/200. Upon receipt I saw it was numbered 63/100. This is vital because the original edition from 1926 was an edition of 200, and so numbered. The conclusion must be that the edition was from the unlimited edition, issued in 1928, with the numbering and signature of the artist added as forgeries. The work is essentially worthless. I would not have bid had Swann not misrepresented the numbering. I paid $2,500 for the piece and an additional $90.00 for shipping. Swann has ignored my email and certified letter asking for recompense.Desired Settlement: At most the work is worth $200. I request a refund of $2,390.

Business

Response:

The following response was sent directly to [redacted] today. Upon receipt by us of the print he purchased, a full refund including shipping charges will be made. Thank you for your letter regarding the numbering on the print you purchased. We are very sorry for your disappointment and the delay in our reply. We needed to review images of the work, Villon catalog raisonne and other impressions we have handled. Just as you said, there was only one edition of 200 printed. We are confounded as to how the impression you purchased can read 100 when, in our opinion, the print, paper, colors and signature are all correct. We can only conclude that the print is correct, but at one point, the numbering was tampered with in order to reduce the apparent edition size. We always want you to be happy with the lots you purchase from Swann and we apologize for the dismay you have suffered over this purchase. While we can assure you we stand behind the work as an authentic print by Jacques Villon, we understand that the altered numbering is confusing. Please send the work back and we will issue you a refund.