Most of you know me as someone who goes out and finds art for my clients. This is what I do. Sort of an “Art Private Investigator” (Like Magnum P.I. without the Ferrari or the bushy mustache.) My international clients, culled from years in this business, generally enjoy specific artists, genres and styles which I have distinguished myself in over the years, including Salvador Dalí, Richard MacDonald, Auguste Rodin and Frederick Hart. Notice anything about these names?….. All did sculpture.
Yup, that’s right. I have distinguished myself in the most obscure form of art imaginable. Well, that might be an overstatement, but if you ask the random person on the street about art, 9 times out of 10 they will name a painter.
Salvador Dali (1904-1989) Venus de Milo with Drawers (1964) Bronze edition of 12
Sure, Dalí (1904-1989) was better known for his painted works. But, he also had a prodigious output of remarkable sculpture throughout his career, including the seminal “Vénus de Milo with Drawers” (Above- 1964), “Rhinocéros habillé en dentelles” (1956) “Space Venus” (1977), “Nude Ascending the Staircase: Homage to Marcel Duchamps” (1973), “Sublime Moment” (Below- 1972)and an extensive collaboration with Daum Glassworks of Nancy, France (1968-1988), among others. His sculptures tend to cover the same broad gamut of subject-matter depicted in his painted works. The subject of the Venus de Milo was an oft-used subject as it allowed him to examine the duality of elements, old and new, masculine and feminine, hard and soft. As was his craft, his sculptural works often take disparate elements and juxtapose them in deliberately absurd combinations. Similarly to the way that Auguste Rodin (1840-1917) tended to complete his works on multiple scales in order to broaden his audience, so did Dalí. Most works are completed on a “collector-scale”, a “prestige-scale” and a “museum-scale”, although certain compositions were done either smaller or larger based on Dalí’s needs for the composition. Obviously, the larger the scale, the rare the edition.
Salvador Dali (1904-1989) The Sublime Moment (1972) Polychrome Bronze edition of 12
Dalí‘s sculptures were meticulously researched and catalogued by Dalí’s friend and confidant Robert Descharnes and his son, Nicolas Descharnes, in a catalogue raisonne entitled “Le Dur et le Mou” (The Hard and the Soft). Several years ago, I had the pleasure to meet both Robert & Nicolas Descharnes during a rare visit to the United States. We were able to discuss the recent catalogue in the context of the collection I was working on at the time, as well as reminisce about Robert’s experiences with Dalí through the final years of his life. It was indeed a rare honor which I have come to value as much for the experience of getting a few inches closer to the legacy of Dalí, but also for the stories which illuminated my own picture of Dalí as a man and thinker.
The author with Robert Descharnes, 2007
Mr. Descharnes was kind enough to share stories with me of Dalí working on his famed collection for publisher Isidro Clot (now commonly known as the Clot Collection). During the summers of the early 1970’s Dalí was living in Port Lligat, Spain. Descharnes was his personal secretary. As Dalí was a disciplined man, he would work during the early day on paintings. In the afternoon he would sit in or near the pool, often nude, and model wax figures freehand. These stream-of-consciousness creations became what are now known as the Clot Collection. Visceral and abstracted, they show Dalí’s emotions at their most thread-bare. They are stripped on pretense and adornment and distill the joy of their subjects in a way only Dalí could. The seminal “Terpsichore: Muse of the Dance” (1971) exemplifies this ethos. Headless, her body moves in a flitting dance that is both effortless and weightless. It is as if she was clumsily being lifted by the wind only to be set down gently on an unseen ballet slipper. The Palacio Euskalduna de la Musica de Congresos in Bilbao, Spain has one of only 2 examples of this work on the 5.3 meter scale. (See below)
One of only 2 examples of "Terpsichore: Muse of the Dance" (5.3 Meters) Permanent placement at Palacio Euskalduna de la Musica de Congresos in Bilbao, Spain
In the past decade I have been privileged to work on projects involving some of the world’s most important museums, and public and private collections in the U.S., as well as Mexico, Greece, Germany, New Zealand, Australia, France, Canada and a host of other locales. In the process, I have been able to cull a knowledge base and resources to locate extremely difficult works for clients internationally.
As a Fine Art P.I., perhaps it is apropos that I would chose a little-known subject from a well known artist, as this seems to be my modus operandi. Now… about that Ferrari.
The landscape of the Dali market is changing forever.
With Top Quality Offerings, Sotheby’s Nets $181 Million
By Paul Chimera
Publicity Director of the
Original Dali Museum of Beachwood, Ohio
In the early 1970s, LIFE magazine published an in-depth article on Salvador Dali’s success as a world-renowned artist. It was titled “Dali’s Dollars.”
Nearly 40 years later, Dali and dollars continue to complement each other quite well. Recent auction sales are very strong evidence that the long-awaited surge in Dali prices may finally be upon us. Just like several years ago when his contemporary, Andy Warhol’s prices rose dramatically in a short period of time, Dali seems poised to make his move. The Dali market is now enjoying an up-tick nearly as pronounced as his upturned mustache.
Work on paper sells for 9 times high estimate
Dali:”Girafe en feu” (Giraffe on Fire)
Take, for instance, what occurred on November 4 at Sotheby’s in New York. Salvador Dali’s 1937 gouache, “Girafe en feu” (Giraffe on Fire), 22-1/4 in. by 30-3/8 in., went on the auction block with an estimate of $150,000 to $200,000. It brought an astounding $1,870,000. It was not only a record for any work on paper by the Catalan master, but sold for an astounding 9 times its expected price, indicating that even the professionals underestimate the willingness of Dali collectors to back up their passion with their pocket books.
It was a shining star in a galaxy of bright financial news at Sotheby’s, which saw its 56 paintings, drawings and sculpture fetch a staggering $ 181,000,000.
The case is seemingly inconceivable. You have entrusted your artwork, which might as well be a member of your family, to the care of a gallery you trust only to discover that the dealer you are working with is up to no good. The recent indictment of prominent New York dealer Lawrence Salander has thrust predatory dealers into the spotlight and highlighted an unseemly side of the art world that no one really wishes to speak of and fewer wish to believe they could be a victim of… that of civil theft, grand theft and grand larceny by a respected gallery.
New York’s Upper East Side Gallery Salander-OReilly, provided Lawrence Salander, his wife Julie and his family a lavish lifestyle full of the finest cars, luxury homes, food, clothing and an extravagant lifestyle by selling high-end fine art to a distinguished world-wide clientele. A member of the Art Dealers Association of America for over twenty years, Salander-OReilly exhibited at the annual Armory show in New York, Tefaf at Maastricht and Art Basel Miami. Lawrence Salander himself was a member of The Art and Antique Dealers League of America and the Appraisers Association of America. He was the first private art dealer to sit on the board of The National Indemnity Project of The National Endowment for the Humanities. In 2003, Salander-OReilly was named The Best Gallery in the World by the Robb Report.
However, beneath the surface, it is alleged that Salander ran a ponzi scheme (a scheme echoing that of the indicted financier Bernard Madoff) in which he sold consigned works, took the cash, and paid deffered payments out to other consignors offering a range of explanations for his actions along the way. His payments snowballed into owing dozens of consignors monthly “dividends” which he would attempt to keep in front of with month-to-month sales. This “dividend” system financed Salander’s extravagant lifestyle, including his Manhattan townhouse, his 66-acre estate home and the lavish parties he threw for his wife and family members, all while he was barely keeping himself afloat in these “dividends”. His investors, including Forbes members, Artists, estates, tennis great John McEnroe and actor Robert DiNiro claim he stole in excess of $88Million through his fraudulent business practices, which included outright theft of artwork, selling “shares” of artworks to multiple people, selling artwork below the promised consignment prices and paying “dividends” to consignors when artwork was already paid in full.
Mr. Salander’s troubles began when several consignors filed lawsuits due to defaulting on the “dividend” payments he promised by specific deadlines. Salander allegedly sold many works by Robert DiNiro Sr. (Father of the actor) without either informing Mr. DiNiro or remitting proceeds for their sale. This was the crux of several of the suits brought against Mr. Salander which amounted to 100 separate counts spanning fraud, grand larceny, securities fraud, forgery, breach of contract and other offenses. The affair become public when London dealer Clovis Whitfield withdrew paintings from a Salander-O’Reilly exhibit because of Salander’s mounting legal troubles. Creditors are said to be owed in excess of $300M and Mr. Salander faces up to 25 years in prison if convicted of grand larceny alone.
This leads to the inevitable question… What can you do to protect yourself?
Well, there are several consumer protections in place which protect buyers and sellers/consignors in the United States. Many states will have laws specific to their borders, but for purposes of this blog, we will utilize Florida statutes and criteria. A useful text is The Artist-Gallery Partnership, by Tad Crawford and Susan Mellon (http://www.amazon.com/Artist-Gallery-Partnership-Third-Practical-Consigning/dp/1581156456/ref=sr_1_1/181-0314806-2703807?ie=UTF8&s=books&qid=1247710903&sr=1-1)
As a seller, artist or consignor: When you consign your artwork to a gallery you have entrusted an asset to another person or company. Just as with other assets, this has certain risks and certain rewards. The reward is obviously that your work is placed with someone who has knowledge and expertise on how best to market and sell your work in the shortest possible time-frame for the most amount of money. Conversely, you run the risk of a predatory gallery selling your work for less than value, not remitting payment according to terms of contract or outright theft.
It is good practice to familiarize yourself with any gallery you are considering consigning works to. Speak with other merchants in and around the gallery you are considering. Contact references, consignors and artists the gallery deals with for impressions on the overall demeanor and temperament toward business practices. Contact the Better Business Bureau (www.bbb.org) or the Florida Department of Agriculture and Consumer Services (www.doacs.state.fl.us/) to determine if any consumer actions have been filed and remain unresolved. Scrutinize your contract and have it reviewed by an attorney.
Once your work is contracted, consigned and in gallery residence, always be certain that your consignment contract is up-to-date with the entity which has physical possession of the artwork if it is not retained by the seller. (Oftentimes, galleries or partnerships are dissolved resulting in contracts being annulled. Among other issues, this may significantly affect insurance coverage in the gallery in the event of something catastrophic occurring to your item). Once a quarter, conduct a physical inspection of your item to make certain it has not been sold without your knowledge. If you are unable to inspect due to distance or infirmity, contact someone you trust locally or the local Sheriff’s office so that they might inspect your item for you. Make certain that offers lower than the contracted price are submitted to you in writing and agreed to in writing and do not agree to deferred payment plans without written assurance that the works will remain in the gallery until you are paid in full for your item. Sometimes even good galleries have difficult time paying the bills in this economic climate. However, you need to do everything possible to prevent your asset from paying only their bills.
Florida statutes state that your consignment contract must provide for:
*The proceeds of the sale must be delivered to the artist (Consignor) at a schedule agreed to by the artist (Consignor) and the art dealer
*The art dealer is responsible for the stated value of the artwork in the event of loss or damage while the artwork is in possession of the art dealer. (See parameters of consignors and galleries under UCC= Uniform Commercial Code Statutes)
*The artwork will only be sold by the art dealer for an amount at least equal to that agreed to by the artist (Consignor) in writing
*The artwork may be used or displayed by the art dealer only with prior written consent of the artist (Consignor) and only if the artist (Consignor) is acknowledged in such use or display
*An artwork delivered to an art dealer for the purpose of sale or exhibition, and the artist’s (Consignor’s) share of the proceeds of any sale by the art dealer, creates a priority in favor of the artist (Consignor) over any claims, liens or security interests in the artwork by creditors of the art dealer
(SOURCE: The Artist-Gallery Partnership, by Tad Crawford) Violations of these rules of conduct are punishable by up to 60 days in jail, six months of probation and a $500 fine for each instance.
As a Buyer: Your purchase order is a contract. Make certain that this contract provides you the basic parameters of what, where, how and when. Your purchase order should state the date, the value of the work, the price paid, numbering (if applicable) and the payment terms which have been satisfied at the time of sale. Further, as a buyer you are entitled to any peripheral documentation which quantifies authenticity (i.e. a Certificate of Authenticity, letters of authenticity, appraisals, etc.), condition, value, restoration, international clearance and the like which may exist pertinent to your acquisition.
Oftentimes, the bill of sale or purchase order serves as the certification of an authentic work if the artist is living, the gallery is contracted to work with the artist or the artist has chosen not to issue such certificates In such cases, you may wish to contact the artist or a local expert to determine whether or not the work is genuine. (It is not always in your interest to contact your local art dealer for this determination though as they may or may not have a vested or political interest in whether or not you purchase art from alternate sources).
The proliferation of serialized or limited edition works of art (lithographs, serigraphs, sculptures, documents and signatures) necessitates a need for some form of quantifying document which states the total edition size, the publisher and dates of issue. This certificate has become paramount in determining authorized items from unauthorized items, real from fake and delineations within an artist or celebrity’s oeuvre. While parameters of certificates of authenticity are a lengthy column unto itself, understand that certifications should be arms-length, third party evaluations of the item issued by a publisher, printer, foundry or independent expert on the artist. Galleries should not issue their own authenticity certificates for works published by others, as it is an obvious conflict of interest. Further, your legal ownership of a item is only consummated upon transfer of the original certificate of authenticity as this possession states that the work is paid in full to seller, gallery and other third-parties who may have interest in the work. So always make certain it is obtained, it is correct and it is safely stored.
If you have purchased a limited edition and not received the original certificate with your purchase, it may simply be a matter of contacting the gallery and asking for it. Oftentimes, galleries will keep certifications in separate places in order to protect themselves from theft, fire, flood, etc. However, this document should be readily accessible to the gallery and turned over within a reasonable amount of time. If it is lost, stolen or damaged, galleries can ask for replacements from the publisher provided the work has been purchased and paid for by the gallery. Alternatively, you can also seek outside advise from an expert on the artist or period.
I also recommend artists and consignors consulting a fine art attorney familiar with idiosyncrasies in Art Law pertaining to the state you live in or are releasing your items to. Legal Art is an organization which empowers artists and consignors by offering affordable legal council before, during and after a representation contract or consignment agreement. Their services are highly recommended by professionals in the field as having ethically and judiciously applied their knowledge to the betterment of the Art community as a whole. Kathleen C. Carignan, Esq. is a Miami-based attorney with Legal Art who may provide direction as to who to speak with about any questions particular to your case. (Kathleen@legalartmiami.org- www.legalartmiami.org) Other organizations throughout the United States provide similar services and can be located through a simple GOOGLE search of your area.
In sum total… There is no fool-proof way to avoid being “Salandered”, any more than there is to prevent the onset of “Madoffism”. However, simple steps you take to protect yourself, your assets and your capital can offer small comforts in knowing who, what, when and where of your art investments. This, in turn with pay true “dividends” as you move forward.
NOTICE: I am not an attorney, nor do I claim to be one. This blog is written in to provide common-sense advice for buyers and sellers of fine art, NOT Legal advice. For legal advice, contact an attorney.
“Invest when others are scared to invest… only buy something that you’d be perfectly happy to hold if the market shut down for 10 years.” – Warren Buffett
“Well, art qualifies!” – Reed V. Horth
Meet Reed V. Horth: Fine Art Concierge
Did you ever notice the kid on the airplane who always drew pictures of the pilots, stewards, and his family while in flight? That kid was Reed V. Horth. His fascination with doodling and his acerbic wit parlayed into an expansive career in the Arts working in close proximity to the world’s most influential investors, art collectors, museum directors, and artists.
Growing up as the son of a peripatetic Air Force officer, Reed played ice hockey and football to satisfy one side of himself; and he nurtured the creative half through acting, drawing, and writing. Reed is most likely the only fine arts concierge you’ll ever meet who has thrown a perfect ‘hip check’ during an aggressive hockey game!
From an early age, Reed was fascinated with all aspects of art and international travel. His propensity towards daydreaming and fantasy metamorphosed into an admirer of the paintings, sculpture, and writings of Spanish Master Salvador Dali (1904-1989). “Dali continually challenged viewers to think outside of the norm, not take anything for granted, and always seek deeper meanings,” Reed says. “Whether or not you like his aesthetic style, you cannot help but be left with a sense of awe at the imagination it takes to conceptualize his works, and the deft skill he took to craft them.”
This ‘out-of-the-box’ thinking was reflected in Reed’s unorthodox approach to studies, travel, sports, and life throughout high school in Tampa, FL, his college years at the University of Florida, and later in his approach to business.
After spending 12 years managing galleries throughout Florida, Reed’s depth of knowledge and marketing prowess led him to develop a web-based business model for his company-ROBIN RILE FINE ART.
“Many of the locations of the galleries I worked in were not conducive to foot traffic, so I wanted to build a virtual gallery model dedicated toward customer development, research, and the Internet,” says Reed. “I found that the little things counted so much more when you could not look someone in the eye.”
Through word-of-mouth customer referrals and targeted research, Reed amassed a database of over 22000 clients, museums, investors, collectors, and luminaries, including members of the Forbes and Fortune 500. Reed is intimately knowledgeable of works by Dali, Rodin, Picasso, Warhol, Lichtenstein, Hirst, Banksy, Rothko, Bacon, Arman, Basquiat, Schnabel, Royo, Hart, MacDonald, and Modigliani-making him a valued resource for a large cross-section of clients.
“I had a client recently complain to me that his painting only ascended 1% per year in the ten years since he purchased it. I asked him what else in his portfolio could offer the same return at this point, and he relented.”
This is something he hears quite often as the economy has slowed and people have become more cautious with their discretionary spending. He notes that during slow economic cycles there is a segment of the population who turns to art as a bridge between those investments that lose money and those that maintain or increase in value.
“While art is not a traditional investment vehicle and should not be sold or purchased solely on this criteria, certain artwork has shown stability in the long-term versus others which are constantly in flux.” He notes: “In other words, if the artwork is a fad or phase, chances are fairly good that in one decade it will have a statistically diminished capacity to offer monetary gains. If the artwork has quality, historical significance, and image longevity it statistically will be more inclined to maintain or increase in value.”
Always the innovator, Reed developed a ‘Networking versus Notworking’ model for his business development. Through his extensive international contacts, Reed has encouraged the sharing of information to find common threads from which his associates can build their own businesses and reciprocate in kind. “How can you provide a referral to someone unless you know exactly who they are looking for? It is not always who you think!”
During and after business hours, Reed has never tired of all South Florida has to offer. Reed also enjoys cultivating another talent of his-writing. His writing ranges from satirical, iconoclastic fiction to serious, thought-provoking insights on specific, often controversial, works of art.
Throughout Reed’s career, his instincts, thought processes, and business applications reflect the unorthodox visions of Dali. Pushing this creative envelope keeps him attuned to the next great opportunity for his clients, friends, and contacts-and that equals success.
Reed V. Horth
Robin Rile Fine Art Concierge
813-340-9629 info@robinrile.com
Name: Reed V. Horth
Company Name: Robin Rile Fine Art
Opening Date: June 2008
Location: Miami
Website: www.robinrile.com
· How did your interest in the business of art start?
I have always generally leaned towards art throughout my life. I think the realization that I was better at the “Business side” than the “Art side” was a tough pill to swallow. But when you surround yourself with talented people, it is both humbling and inspiring. My first job was an animation gallery just out of college. Then I was hired and managed several galleries throughout Florida for many years, till I decided to branch out and open my own firm.
· Are you an artist, yourself?
Let’s just say I am a bit better at the “business side” than the “art side”. While I have my aspirations, I leave most of it to the professionals.
· What do you see as the main difference between a Gallerist/Gallery owner and an Art Dealer?
Semantics and a physical location. Most of the Gallerists I know also are Dealers and vice versa. However, a dealer does not necessarily require a physical space. I find that more people purchase during exhibitions set up by Dealers than a stroll through a brick-and-mortar gallery particularly in this day and age. While there are obviously exceptions to every rule, I feel that if you know how to put on a good exhibit, there is no need for a physical space.
· If you worked in the gallery business previously, what brought you to changing to being an art dealer?
I sort of fell into it. I built a virtual model for my last gallery position that was entirely web-based. When the physical location moved to a new town, it was time to make the change. All of the pieces were in place and I know how to perpetuate the structure. Thus far, it has been absolutely wonderful.
· What made you decide to open in Miami?
Miami is one of the 3 major cities in the US (perhaps the world) that are forerunners in everything related to style. New York, Los Angeles and Miami. The rest of the country and the world look to these cities to determine what the next fashion, music, art and style is going to be. Miami has everything one could want in a city, high style, variant cultures, luxury, relaxation, great weather, fun, the list goes on. This is Home.
· Do you have a specific artistic vision or style?
I lean toward figurative or representational works as a personal and professional preference. I like works that challenge me to “read” them… interpret them. They have a story. As a writer and historian, I like works that inspire me to launch into uncontrollable schpiels of prose, interrelations with works of the past and visions of the future. Obviously, certain people can do this with a blank canvas, but not me. I want something that displays both technical aptitude and original concept.
· Who is your favorite artist ever? Who is your favorite current Miami artist?
Impossible question. I could pick one per genre and era throughout history.
As far as Miami-Based artists presently, I would be hard-pressed to choose only one. However, I really enjoy the work of The Mac, Federico Uribe, Benjamin Forbes, Robert Curran, Phil Stapleton and Karina Chechik.
· Have you seen any effects of the economic downturn this past year?
I don’t think anyone is immune to the economic downturn. However, as my work is primarily based around locating “opportunity” works for collectors, buyers are still buying. Actually, it is a perfect time to buy right now if you have the financial security to do so. Art is a commodity that can statistically maintain it’s intrinsic and monetary value provided that the artist is on a expanding sphere of influence beyond their own region. This goes for Artists of yesterday and tomorrow. If the art is a fad or phase, it will have a statistically diminished capacity to offer returns than something that translates from decade to decade. The tough part is determining which artists and artworks have that type of staying power.
· Do you show at any art fairs, either locally or in other cities? If so, how have those experiences gone for you?
I have shown in New York and throughout Florida in the past and had variable results depending on the crowd we were appealing to. I feel that these experiences will allow me to tailor my exhibitions to bring in both buyers and artists that people will want to see and be around.
· What would you say is the one most important idea for an artist to know when it comes to getting recognized by an art dealer?
Be a professional. This is your job as much as it is your passion. You want to deal with professionals, so your ethics and standards should be as high as the people you wish to deal with. www.robinrile.com
