Posted By:
Corey R. ShanusOn this one we'll just agree to disagree.
Jeff, if you look at what I wrote, in no way do I say or imply that what Sotheby's did is right and they should not be held accountable. I did say Ryan has a meritorious action for negligence. I said only that in my opinion based on my experience I do not believe the cropping was done with intent to defraud. I might also add that I am arguably as skeptical as anyone on this Board as to Sotheby's auction ethics. I have even gone so far as to publish an article accusing them of fraud in a prior matter. So I have no love lost for that company. But I do try to be as objective as I can and look at all angles, and I just have serious doubt that for a nickel and dime matter such as this one they are using photoshop or cropping with fraudulent intent.
Barry, while I respect very much your expertise/experience and the care you put into your catalogs, the fact remains that given the small nature of your business compared to Sotheby's, I don't think its fair to say that just because Barry Sloate takes/has the time to personally inspect the cropping (or lack thereof) on all the items in his catalog, that Sotheby's, a worldwide company with literally hundereds of thousands of items that it prepares for depiction in its catalogs, takes/has the same time. Arguably they should and hence the credible case here for negligence. But I'm just having a hard time believing that this was a deliberate attempt to defraud.
I'll also add that while I have tremendous sympathy for Ryan's plight and while I think his case has merit, I do not think it is a slam dunk. The catalog description does make specific reference to structural damage and multiple creasing, and Sotheby's will undoubtedly argue that any prospective buyer should therefore be sufficiently put on notice to ask for more information. The lot description also states that the item is sold as is subject to the terms and conditions of sale. While I do not have handy these terms and conditions, it would not surprise if they say to the effect that the catalog shall not be a representation or warranty as to condition and that any prospective buyer should physically inspect the item prior to bidding.