At a public auction in New York State, I purchased a painting that was advertised and sold as being an authentic, original work by a renowned 20th century artist. The painting turned out to be a fake, according to an art expert who did a formal, post-auction appraisal of the painting in question. What are my legal options? I'm also seeking the legal category this type of action falls under: fraud, misrepresentation, unjust enrichment, breach of warranties, etc. Thank you.
Criminal Defense Attorney
You have to read the catalog and sales documents for disclaimers. Have you called the auction house to see if it will reverse the sale? Try to find a lawyer who deals in art sales.
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Maybe all causes of actions that you stated, plead in the alternative. First consult with a local lawyer to see if a settlement can be reached instead of costly litigation. Bring along the bill of sale and catalog when consulting with your attorney.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
Securities / Investment Fraud Attorney
Demand that the purchase be rescinded or sue them for what you paid. One of my colleagues in my office handles these sorts of matters with galleries and auction houses, as do many people here on AVVO.
The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.