Sam Francis Dispute

Sam Francis Dispute Settled

This case typifies what is wrong with the art market today. A collector decides to buy an artwork by Sam Francis from an art dealer. However, having “direct access” to the artwork and the collector becomes elusive. Five interim parties end up getting involved, each demanding a commission for introducing one party to the other. In a typical act of art-world stupidity, the parties decide to conduct this transaction without written contracts.

Of course, things go wrong and one party fails to fully pay for the artwork, another files a UCC-1 against the piece, another threatens to sell it to someone else and keep the money, and another threatens to sue everyone. Twelve months and four lawyers later, Art Recovery International is brought in to sort out the whole mess.

Despite confrontations with some very unpleasant people, each with their own agendas, ARI’s Christopher A. Marinello is able to construct a settlement that works for everyone while avoiding expensive and embarrassing litigation. The case is settled pursuant to a confidential settlement agreement which is nearly derailed by the storage facility claiming that they have not been paid to hold the artwork while this was all going on. The settlement finally goes through along with a lecture from ARI about the importance of written contracts in art transactions.

Will anyone listen?