Authenticity or unacceptability

Art dealers have to check the authenticity of their artworks before selling


Yes, you hear that right. This is the last decision of the German Düsseldorf Regional Court (Case No. 3 O 19/19) we are now discussing about. 

The case is a classic: a woman decided to buy a painting at an art gallery for a not so little amount of 15,000 EUR, just to discover a little while later that the artwork actually is a fake. Too many mistakes on the canvas and that gut feeling that never lies. 

The art dealer she bought that painting from however, claims the painting to be an original and worth in fact more than the 15,000 EUR she paid for. 

The case is taken to the Regional Court of Düsseldorf. For a fortunate coincidence the real artist is not Picasso but is a modern (living) artist, still living in Germany and able to declare himself as witness. He confirmed in fact that the work in question did not originate from him and it must be a mere copy of his artwork.

The tribunal decision of the judges is clear:  it is duty of the art dealer to always check the authenticity of the paintings before selling.

In this actual case, he did not do so, and for this reason the plaintiff is entitled to have the transaction reversed and the art dealer shall send the not so well gained 15,000 EUR back. 

What do you think about this case? Are you an artist and you would like to get your work legally protected? Get in touch with us. We are the experts you are looking for. 

Authenticity or unacceptability

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