3/31/2009

Good, Better, Best Appraiser Workshop

As many of you may be aware, Jane I and I hold an appraiser workshop at my shops in Alexandria, Va. The program is excellent for both new and experienced appraisers. We have an excellent work book, and as the class is limited to only 10, plus the two instructors the class is very interactive and hands on. Because of the small size, it is more discussion based, rather than a series of lectures. If you are interested please contact me for more information.

Thanks,

Todd




THE NEXT GOOD, BETTER, “BEST” APPRAISER WORKSHOP
“ACTIVE LEARNING AT ITS BEST”

SATURDAY, MAY 16th and SUNDAY, MAY 17th, 2009
IN BEAUTIFUL “OLD TOWN” ALEXANDRIA, VIRGINIA

THERE HAS NEVER BEFORE BEEN AN APPRAISER'S WORKSHOP LIKE THIS!

BONUS
FREE 30 DAY TRIAL AT “PRICES 4 ANTIQUES” WHEN YOU ENROLL
16 PROFESSIONAL DEVELOPMENT POINTS AND CERTIFICATE OF COMPLETION
COURSE WORKBOOK AND C D INCLUDED
ROUND TABLE DISCUSSION-APPRAISING IN AN ECONOMIC DOWNTURN

Workshop Sessions:
  • Close the Sale and Determine The Scope of Work
  • Prepare Contracts and Obtain Deposits
  • Prepare for the On-Site Inspection
  • Research Using New Methods and New Technological Techniques, Creating Bibliographies and Incorporating Printed Documents and Appraisals into New Reports
  • Learn How to Deal With Client Challenges
  • Perform an appraisal inspection
  • Advance Product and Specialty Area Knowledge

AND PRESENTING...
A FREE SNEAK PREVIEW OF OUR NEW “VALUATION” WORKSHOP COMING SOON
  • Value definitions and theory
  • Approaches to Value
  • Types of Property
  • Markets
  • Types of Value and Intended Users
  • Auction - What Market?
  • Factoring Values
  • Locating Comparables
  • Value Conclusions and Adjustment
Inspect and study the inventory of two antique shops packed full of period and quality revival furniture, decorative arts and fine arts. You may remove drawers, turn over case pieces, inspect backboards and even disassemble/assemble a tall case clock. You will learn how to use ultra violet light to detect restorations to paintings, porcelains and furniture, and learn how to write property descriptions and condition reports. Click HERE for a photo album of the shops:

Your workbook with C D will include actual sample contracts, forms, glossaries and documents which are used everyday by successful and experienced appraisers.

The appraisal business is better than ever even in this economy. Are you going to waste another year trying to figure out how to make money in your appraisal practice? What are you waiting for?

Limited to 10 attendees, no more than 5 students to each instructor. Time and Space is limited! The Deadline For Registration is May 4th. Contact us NOW for pricing and availability. The workshop is lead by ISA Core Course instructor Jane C. Brennom, ISA CAPP, and ISA Board Member and Journal of Advanced Appraisal Studies editor Todd W. Sigety, ISA CAPP.

Click on the link below for further information and registration. Website: www.appraiserworkshops.com or Call The Appraiser Workshops at 703-836-1020

Phillips de Pury in Danger?

Andrew Goldstein of Portfolio writes a rather bleak piece on the number three international auction house, Phillips de Pury. Goldstein states the past year was very poor and 2009 is not starting out with much promise. Phillips has positioned itself as a hipper version of Christie's and Sotheby's, but the flash and aggressive presentation does not seem to be working.

Goldstein states The smallest of the three main auction houses—its sales are about a twentieth of either Christie's or Sotheby's—Phillips set itself apart during the boom years as a fast-moving salesroom for pieces by trendy contemporary artists like Ugo Rondinone and Anselm Reyle. It offered buyers a way to bypass gallery wait and wooed sellers by promising large minimum returns, known as guarantees. Simon de Pury, the house's Swiss-born chairman and auctioneer, also injected a dose of flash into the staid auction arena, and evenings at the house's Chelsea headquarters were packed with collectors in their thirties and forties sipping champagne and gossiping in a dozen languages.

Goldstein then continues with An atmosphere of "gallows humor," as one longtime buyer put it, has descended at Phillips. The already spare company has cut back its staff, and further cuts are expected under new CEO Bernd Runge, a former VP of Condé Nast International, who took up his post March 1. Even the lifeline extended to Phillips in October—the sale of a controlling interest to the Mercury Group last fall for a reported $60 million—acquired a pallor as conflicting rumors began circulating. Some in the art world speculated that the deal with Mercury, Russia's largest luxury conglomerate, wasn't an investment at all but rather a fire sale. Others wondered if Mercury would come through with the cash. "Nobody knew if it was for real," says Richard Feigan, a veteran New York art dealer. "There's no transparency." Now, only six months into the deal, Mercury's owners Leonid Friedland and Leonid Strunin are said to be suffering buyer's remorse as the Russian economy continues to deteriorate. The two men declined to comment and directed questions to Simon de Pury, chairman of the auction house. De Pury acknowledges that the firm is cutting costs and trying to create "maximum efficiencies," but says that Friedland and Strunin "are in no way discouraged by the general climate and are stimulated by the opportunities this offers."

To read the Portfolio article, click HERE. Hopefully Phillips will be able find a way through the economic issues and survive. The article does report some rather bleak sales figures for auctions in 2008. If the investment from the Russian Mercury group is in fact a legitimate investment and partnership, although it is questioned in Goldstein's article, perhaps the funds will allow Phillips to weather the economic storm.

3/30/2009

29th Knight of Glin to Sell Portions of Collection

The Irish Times is reporting the 29th Irish Knight of Glin, Desmond FitzGerald will be selling a large portion of his collection of fine and decorative arts from Glin Castle. According to the Irish Times the Knight has run into cash flow problems and needs to liquidate some of his collection in order to maintain the ancestral home. The Knight of Glin is an authority on Irish Furniture and in 2007 published an excellent book on Irish Furniture (see image) with co-author and Christies Furniture specialist James Peill.

This situation of European nobility selling property is not new or unique and has been seen many times in the past. As a matter of fact the article states that in 1903 the 24th Knight of Glin was forced to liquidate most of his personal property to satisfy debts. Christie's London will be selling portions of the Glin Castle collection on May 7th. I will track the sale on the AW Blog. Irish furniture has recently seen an increase in interest, and the Irish Furniture book has help to fuel the demand. For those who love Irish furniture and other fine and decorative arts this sale should be excellent. As brown furniture has recently struggled, it will be interesting to see how this sale performs. Due to the collection provenance and Desmond Fitzgerald standing within the decorative arts field my instinct is that it will do rather well.

According to the Irish Times In 1975 Desmond FitzGerald got a job acting as Irish agent for English auctioneers Christie’s, a position he held for 28 years and which, he admits, “gave me the dubious reputation of being a total hypocrite”, since he was perceived in some quarters to be disposing of Irish fine art on the international market while simultaneously arguing for its better appreciation at home through his involvement with organisations such as the Irish Georgian Society (of which he has been president since 1991).

In response, he points out that regardless of which auction house was selling it, the Irish were as free as anyone else to buy their own heritage. Indeed, for more than 40 years that is precisely what he did, and now most of his extraordinary acquisitions are to be offered to buyers, whether they live in this country or overseas. His earliest purchases, the Booker mirror and the George II tea table, are to go, as is the bureau bookcase. Some of the items being sold in May he brought back to Ireland long after they had gone abroad. An early 18th-century portrait of a lady by James Latham, for example, was discovered more than 20 years ago in Moss Vale outside Sydney, Australia, while he found Philip Hussey’s portrait of the Countess of Brandon in Vermont.

To read the full Irish Times article click HERE. To view or order the book on Irish furniture from Amazon, click HERE.

IRS Art Advisory Panel 2008 Annual Report Realeased

The IRS has released the Art Advisory Panel of the Commissioner of Internal Revenue Annual Summary Report for 2008. It is always interesting to read and look at the numbers and types of cases reviewed.

The following is a quick review/summary from the report. To read the full report, click HERE.

Art Advisory Panel Summary

The Panel reviewed 973 items with an aggregate taxpayer valuation of $229,972,637 on 179 taxpayer cases under consideration. The claimed value of the average charitable contribution item was $629,064 and the average estate and gift item was $142,629. The Panel recommended total adjustments of $63,548,397 on the reviews now concluded for these meetings. On the adjusted items, the Panel recommended adjustments amounting to a 51 percent reduction on the overvalued items in charitable contribution claims and a 91 percent increase on the undervalued
items in estate and gift appraisals.

The Panel recommended acceptance of 42 percent of the appraisals reviewed. Adjustments were recommended on 56 percent of the reviewed appraisals. Two percent of the appraisals reviewed by the Panel required additional staff development before a value decision could be made. Included were three requests for a Statement of Value under Revenue Procedure 96-15.

The Panel reconsidered 39 items in 14 taxpayer cases originally valued at
$33,502,000 by the taxpayers and $49,070,668 by the Panel. After reviewing the additional information and the revised taxpayer value of $33,954,500, the Panel recommended $48,340,000 on these items. The value of these items are not included in the above listed totals.

Art Appraisal Services Appraisers Summary

Twenty of the Panel cases had additional lower valued items (typically items with claimed values below $20,000) or items outside of the Panel’s areas of expertise with a claimed value of $4,029,916 which were reviewed by Art Appraisal Services appraisers. Adjustments of $694,258 were recommended on these items. In addition, 36 taxpayer cases, some with technical tax related issues, were reviewed by Art Appraisal Services appraisers. These cases consisted of 26 estate cases with claimed values of $5,796,626 and 10 charitable contribution cases with claimed values of $17,318,200. The cases involved the valuation of various objects, such as art of Africa and the Americas, Far Eastern and Asian art, prints, photographs, antique automobiles,furniture, silver, ceramics, carpets, antiquities, and historical properties. Seventeencases were accepted. Adjustments of $4,517,490 were recommended on the remaining cases.

3/29/2009

Warhol Authentication Body Being Sued

Linda Sandler of Bloomberg is reporting that the owner of a disputed Warhol painting has requested a judge to allow him to question a witness. The reason is the continuing length of trial and the aging of members of the Andy Warhol Foundation for the Visual Arts, the authenticating body.

The owner of the Warhol painting, Joe Simon-Whelan has had the painting authenticated several times. It was originally considered authentic and then failed the last two authentication reviews . Simon-Whelan planned on selling the painting and wanted a recent authentication. The painting was returned to Simon-Whelan stamped "denied", meaning a fake. Simon-Whelan decided to sue the Foundation.

Sandler states of Simon-Whelan He alleged in a 2007 lawsuit that the foundation was running “a 20-year scheme” to control prices in the market for Warhol pictures, according to a filing in U.S. District Court in Manhattan.

More than two witnesses have died since then while five are “elderly or in bad health,” Simon-Whelan, a London-based filmmaker, said in a letter obtained by Bloomberg News that was faxed to the judge yesterday. In the note, he asked Judge Laura Swain to lift her January 2008 order postponing sworn interrogations before trial.

“Many of the people involved in the creation of this picture in the mid-1960s are now in their seventies or beyond and we need to depose them,” Brian Kerr, a lawyer for Simon- Whelan at Browne Woods George LLP, said in a phone interview today. The letter was “an informal request to the judge for a conference on the matter,” he said.

Sandler continues It was twice stamped “Denied,” or fake, in 2001 and 2003 when he resubmitted it before trying to sell it for an anticipated $2 million, the filing said. Buyers of Warhol pictures often ask sellers to have his pictures authenticated, dealers said.

The trial should be an interesting one to follow. As we all know, scholarship over the years can change, and what was once though of as genuine can certainly change. Changing scholarship is a strong reason for documenting the effective date of valuation in appraisal reports.

To read the Bloomberg article, click HERE.

3/28/2009

Yale Sues to Keep Van Gogh

Fellow appraiser Christine Guernsey sent me an article from the Yale Daily News about a disputed Van Gogh in the Yale art collection. The 1888 Night Cafe painting by Van Gogh (see image) was confiscated by from a Russian aristocrat after the revolution when Lennin nationalized all Russian property. A family member is trying to gain ownership of the painting from Yale. Yale, being proactive in order to maintain ownership has now brought suit against the family member, claiming the property legitimately belongs to the University. It seems ownership issues of cultural property continues to find their way into the court systems. It is a difficult process in determining both the legal and ethical issues of such situations.

The YDN reports Yale filed suit Monday against Pierre Konowaloff, who claims to be the rightful owner of Vincent van Gogh’s renowned 1888 painting “The Night Café,” which is housed in the Yale University Art Gallery.

According to the suit, filed in the United States District Court in Connecticut, Konowaloff claims to be the heir of Ivan Morozov, a Russian aristocrat who owned the painting in 1918. Last July, Konowaloff’s attorney sent a letter to Jock Reynolds, director of the Yale University Art Gallery, threatening legal action, according to the suit. Yale will fight to keep the painting, Reynolds told the News on Tuesday night.

“It’s been in our collection for 50 years,” he said. “There is no wrong to be addressed.”

In December 1918, Vladimir Lenin, the leader of the Soviet government at the time, nationalized most private property, including Morozov’s art collection. His seized collection included “The Night Café.”

To raise money, the Soviets sold the painting to a German art museum in 1933, which then sold it to the Knoedler Gallery in New York City.

Stephen Clark 1903, who began to collect art after serving in the army during World War I, purchased “The Night Café” from the Knoedler Gallery in 1933 or 1934, according to the suit.

When Clark died in 1960, he bequeathed the painting to the University. Yale added the painting to its permanent collection in 1961 and hung it for public view in the gallery, garnering widespread media coverage about the donation.

Konowaloff contends that the Soviet nationalization of property was illegal and, therefore, the painting should be returned to him, Morozov’s rightful heir.

To read the Yale Daily News article, click HERE.

3/27/2009

Excerpt from the Journal of Advanced Appraisal Studies

Denise Levy of Art Find Associates in New York contributed an excellent article entitled The Challenges of Appraising Photographs to the 2010 edition of the Journal of Advanced Appraisal Studies. Many generalist appraiser see old photographs and dont have the knowledge or skill set to properly identify and value. Denise's article is an excellent resource for appraisers when looking at old photographs. To order the Journal, click HERE.

Excerpt from the beginning of The Challenges of Appraising Photographs
by Denis Levy.

Identifying and dating photographs presents a difficult challenge for appraisers. Recognized as an aesthetic discipline for the past 200 years, photography is in its infancy compared to the enduring traditions of painting and printmaking. An array of photographic processes overlapped chronologically, from the earliest heliographs that resembled lithographs invented by Nicéphore Niépce (French, 1765-1833), to the Daguerreotypes of Louis-Jacques-Mande Daguerre (French painter, 1787-1851), with mirror-like finishes, to the clarity of computer age technology of digital printing. This article will offer clues to identification, dating, understanding the medium of photography, present auction market and gallery activities, reference historical benchmarks, and list links to resources and professionals in the field.

Eighteen or more photographic processes are sandwiched in a 200-year span. Determining whether a photograph is early, new, vintage, copy, or a reprint is a tough call even for the seasoned appraiser. To add to the mix, photographers are recreating early photographic techniques and selling those photographs in the art market not to fool the public but out of a fascination with the methods. The early processes of daguerreotypes, tintypes, and albumen prints are currently created by contemporary artists that are meant to resemble vintage prints. They are signed by the artist so that tracking value for the appraiser is easier. Early prints were signed on the frame, or verso, etched on the plate with the studio name and date, or completely unattributed. The Archival Advisor of the Rochester Institute of Technology summarizes general print types as follows: “Albumen prints, (1850-1920) silver image in egg white binder on thin paper support, uniform gloss, purple/brown, red/brown, or yellow/brown hue; gelatin silver prints, (1960’s- present) - RC (resin coated) base, gelatin printing-out paper, silver image in a gelatin binder on paper support, glossy surface, warm purple or brown hue; gelatin developing out-paper (1885-present), fiber base, silver image, glossy to matte surface, neutral to warm hues and a variety of textures, silver mirroring; and gelatin developing out RC (resin coated), paper commonly used for photographic prints, RC base, silver image, matte to glossy surface, variety of textures, neutral to warm hues, possible silver mirroring.” These designations will come up as the appraiser pours through photography collections.

Early daguerreotypes, ca. 1839, were placed in leather or velvet cases, embellished with a brass or gilt frame. Brass and paper mats were used with an overlay of glass to protect the image. When turned from side to side the mirror like finish presented a positive to negative image. Ambrotypes were cased, ca. 1854, with a protective glass cover. Carte-de-visites, ca. 1850’s had straight or curved tops in a rectangular format encased in velvet with a hinged case. Today, tintypes, ambrotypes, and daguerreotypes are rare collectibles. These photographs were printed on a single plate with no negative and are therefore unique prints. Early photographs of this type come up to auction deaccessioned by museums, dealers, or from private collectors. In his illuminating book, art historian David Rudd Cycleback writes: “While there have been many different photographic processes and prints, well over ninety-nine percent of all of history's paper photographs belong to three types of prints: Albumen Prints, Gelatin-silver prints, and Chromogenic prints or C-prints.” This narrows the field while appraising paper prints of a collection.

3/26/2009

Update: Salander-O’Reilly Galleries

Manhattan District Attorney Morgenthau released a statement earlier today on the arrest of Lawrence Salander along with some details of the investigation. To read the full Morgenthau's press release with examples of the fraud, click HERE. It is a very interesting and enlightening read.

The press release states the arrest and 100-count indictment of former art gallery owner LAWRENCE B. SALANDER and the SALANDER-O’REILLY GALLERIES, LLC for stealing $88 million from investors, owners, and a bank.

The defendants, SALANDER, 59, and the SALANDER-O’REILLY GALLERIES, have been indicted on multiple charges of grand larceny, securities fraud, scheme to defraud, forgery, criminal possession of a forged instrument, falsifying business records, and perjury against SALANDER. The crimes charged in the indictment occurred between July 1994 and November 2007.

The investigation leading to today’s indictment revealed that SALANDER, the manager and co-owner of the SALANDER-O’REILLY GALLERIES, defrauded 26 victims resulting in the theft of millions of dollars. SALANDER stole from his victims in two primary ways: he sold artwork not owned by him and kept the money; and lured investment money in fraudulent investment opportunities.

Investors in this case are individuals or entities that paid cash in exchange for an ownership interest in a work of art. Investment deals were presented in two ways, as a pre-sale or speculative investment. In pre-sales, SALANDER represented to an investor that a work of art had already been sold to a buyer who needed time to pay. SALANDER told the investor that he could purchase a percentage of the work based on SALANDER’s actual cost and then share a corresponding percentage of the sales price when it was paid.

For example: SALANDER would claim that he purchased a work of art for $500,000 and had a buyer who agreed to pay $1 million in the future. SALANDER offered the investor a 50 percent interest in the art work for $250,000 with the assurance that upon receipt of the purchase price the investor would receive his initial investment plus an additional $250,000 as profit. In a speculative investment, SALANDER offered an investor the opportunity to purchase a work of art with him at cost, and thereafter SALANDER would sell the artwork at a greatly increased value and they would split the profit.

The fraud in each investment opportunity occurred when SALANDER did not own the work of art he offered for investment in whole or in part, or he misrepresented the actual terms of the investment. The misrepresented terms included: inflation of the purported cost (cost fraud), the sale of greater than 100 percent interest in a single work (oversale), the fabrication of the existence of the pre-sale (ghost investment), failure to pay the return when the money came in on the purported investment, or the misrepresentation of the amount payable to the investor (fraudulent retention).


The press release continues The bank in this case is the Bank of America from which SALANDER applied for a personal loan for himself and his wife, Julie. In support of his loan application, SALANDER offered certain artwork as security and provided documents to establish that his wife owned that artwork. In fact, several pieces were never owned by LAWRENCE SALANDER nor Julie Salander, but were owned by other individuals, including John McEnroe and the Estate of Dr. Alexander Pearlman. After previous offerings of collateral were rejected, these false filings enabled SALANDER to obtain a $2 million loan.

Salander-O’Reilly Galleries Owner Charged with Grand Theft

James Baron of the NY Times is reporting that Lawrence Salander-O’Reilly Galleries of New York City has been charged with stealing $88 million from investors and collectors who consigned art to his gallery. Much of this story has been well covered and documented by Maine Antique Digest as it unfolded over the past year or so. Salander was arrested and charged Thursday morning.

Baron reports The dealer, Lawrence B. Salander, and his business, the Salander-O’Reilly Galleries, were charged by a grand jury with 100 counts including grand larceny, falsifying business records, scheming to defraud, forgery and perjury, according to the person, who declined to be identified because the charges had not been formally announced.

Baron continues the gallery shut down amid a barrage of lawsuits accusing Mr. Salander of falling behind on obligations like payments he had promised customers who invested in paintings with him. Investors like the tennis star John McEnroe said he had put up $162,500 for Salander-O’Reilly to buy art and then resell it at a profit. He sued, saying that Salander-O’Reilly had promised to pay him $325,000.

Another investor, Roy Lennox, a hedge fund manager, said he had given Mr. Salander far more money—$3.575 million—and had been promised a $3.725 payback. But Mr. Lennox said in court papers that Mr. Salander had paid him only $958,332.

One lawsuit described the gallery as ”nothing more than a Ponzi scheme,” and at least one artist’s family went to the police. In October 2007 John Crawford, a son of the abstract painter and printmaker Ralston Crawford, said that he went to the authorities because at least a dozen paintings and photographs consigned to the gallery were missing. He estimated that they were worth $1.2 million to $1.5 million.

To read the full NY Times article, click HERE. Fellow appraiser Carol English also sent the following links on the Salander indictment at artinfo, click HERE and from comcast sports noting on the John McEnroe connection, click HERE.

Harvard Economist Feldstein on New Charitable Donation Proposal

Harvard economist and member of President Obama's Economic Recovery Advisory Board Martin Feldstein disagrees with the plan to decrease the deduction allowed for high wage earners for Charitable giving. President Obama on Tuesday evening restated his desire to pursue the tax change, calling it a fair proposal. I have posted on this topic in the past, and I am not a proponenet of this proposed change in the tax law, yet many beleive, as the President stated that the weatlhy will continue to give at the same levels. I tend to disagree with that predcition.

In a Washington Post opinion piece Feldstein states President Obama's proposal to limit the tax deductibility of charitable contributions would effectively transfer more than $7 billion a year from the nation's charitable institutions to the federal government. But the high-income taxpayers affected by the rule change are likely to cut their charitable giving by as much as the increase in their tax bills, which would, ironically, leave their remaining income and personal consumption unchanged.

In effect, the change would be a tax on the charities, reducing their receipts by a dollar for every dollar of extra revenue the government collects. It is hard to imagine a rationale for taxing schools, hospitals, medical research budgets and arts organizations in this way. I suspect that the administration officials who drafted this proposal did not understand that it would have this perverse effect.

Feldstein continues By 2011, the year in which the Obama administration proposes to start the new tax rule, the projected decrease in giving would surpass $7 billion. With the endowments of charitable institutions sharply reduced by the fall in stock prices, this loss of gifts would make an already bad situation worse.

Many tax features of the Obama budget should be changed to stimulate the near-term recovery of demand and to strengthen long-term incentives for productivity and growth. But the proposed tax on charitable gifts hits at the foundation of our pluralistic society. The administration should recognize its mistake and withdraw this proposal.

To read the Feldstein opinion (which has an excellent example of how the tax will work and how it impacts the donor) in the Washington Post, click HERE.


NICHE DRIVES A CAREER OF CHALLENGES AND REWARDS - Part II

Balnace of the Ewell article.

NICHE DRIVES A CAREER OF CHALLENGES AND REWARDS

© Bernard Ewell, ASA

There are two published catalogs, but the copies we use in my office have corrections written in on most pages. Many of these relate to the print mediums which were not understood by Ralph Michler (in jail) and Lutz Löpsinger (deceased) for the first catalog or by Albert Field (deceased) for the second. Both catalogs are generally helpful in identifying a print image’s title, but the publication information is frequently in error and references to fakes (frequently with the same images or titles as legitimate prints) are superficial and of little help to an appraiser or collector.

One of the greatest challenges for both is answering the all-important questions of valuation. Replacement value evidence frequently comes from a couple of galleries which sell at generally incomparably high prices. One of them retains me to examine and authenticate every print attributed to Salvador Dalí that they buy for resale. The other just hassles and bad mouths me—and everyone else in the market.

An Annual Price Guide to Dalí prints has recently appeared and is being marketed to appraisers. Beware. The “prices” listed are apparently intended to raise the market by offering extraordinarily high figures that can be used by dealers to justify prices that are below those listed, but higher than previously asked. The should not be used by appraisers.

On-line research does not help much with valuation or authentication. Like everything else related to Dalí, the prices asked, the prices paid and the prices reported represent every possible (or impossible) market level imaginable. Many sales are for fakes that apparently were not identified as such at the time of sale. Many prices for legitimate pieces are very low because the buyer did not trust the Dalí market and the seller did not know how to prove the validity of the pieces.

The major auction houses continue their efforts to avoid selling prints attributed to Salvador Dalí with the exception of some portfolios of print suites. They also frequently refer questions of authenticity to a man who has been convicted of criminal charges in more than one European country and has a long history of “trashing” legitimate artworks that he himself has not been involved with.

Over the past twenty-eight years, while examining and appraising over 52,000 prints attributed to Dalí, I have worked to develop the niche that was not being addressed by any other appraiser. In fact, my colleagues were generally trying to avoid accepting Dalí assignments.

I have frequently been asked when I was going to publish the definitive catalog. I have avoided the almost unimaginable challenge, but I am currently concentrating on the research and writing of a book that will bring truth into the Dalí marketplace for the benefit of all. The working title is Artful Dodgers.

It appears that the niche which I have built and used as an example for students and mentees all of these years has generated a reward even greater than the annual income. The message from many has been, “you’ve done a lot that we would lose if you died, so let’s get it in a book.” I guess then it will be alright for me to die. Not a chance. I’m already managing aging with my own formula—deep denial. Besides, I’ll want to publish an updated CD every couple of years as I solve more and more of the Dalí enigmas.

So what should my colleagues who need to appraise Dalí prints do? Same thing many have been doing for years. Make use of the consultation service to be found on my website www.bernardewell.com. Don’t rely on any currently available publications and don’t listen to any of the Dali B. S. that is so prevalent. Don’t turn to any other “Dalí experts” because they either are not experts or are heavily compromised.

So, is this article just a lot of self-promotion? No. I don’t need any more business and the book project is fully underwritten. My intentions remain the same as they have been for thirty-seven years of practice: help my colleagues, contribute to the profession and educate the public. After all, there is scarcely another topic with which we as appraisers deal that is more confusing or burdened with more false information than Dalí prints. Pursuing this niche has been the most challenging and entertaining focus I can imagine in an always-rewarding appraisal career. As my colleague and former student Lindsay Jones said, “Appraising is always amazing!” Especially when the topic is Salvador Dalí.

Are there other potential niches for appraisers to develop? Absolutely. There are a great many and certainly I am not the only one to do so. I have been greatly assisted in my practice by the expertise of colleagues like C. H. Boyd, ASA to whom I turn when I appraise the works of the California impressionists, Peter Sorlien, ASA who is always generous with his knowledge of marine art and Alex Rosenberg, ASA who knows all about a great many contemporary artists, especially Henry Moore.

The best thing that could happen to the personal property appraisal profession would be for a great many others to develop their own niches and make their knowledge available to the rest of us.


Bernard Ewell, ASA has been appraising fine art since 1972 and has been an Accredited Senior Appraiser of fine art (ASA) since 1985. He lives in Santa Fe, New Mexico where he directs an international practice.

3/25/2009

Brown Furniture on the Rise?

Nick Cohen of the London Evening Standard has a short opinion piece on a possible revival in interest in period English furniture. Cohen makes a case that as the economy continues to sputter, homeowners and decorators revert back to what they know and are comfortable with, such as brown antique furniture. They avoid the flash and stigma of conspicuous consumption. Cohen also notes that the new furniture is like a new car, immediately losing value, where antiques, at least have the potential of holding more of the value than new furniture.

Cohen states This recession is producing the same changes in taste as its predecessors. In hard times, people want the comfort of the familiar, and antiques are the nursery food of interior design. Even those with money like to tone down their conspicuous consumption; an antique looks less flashy and more in tune with the austere mood of the day.

There is, however, a more hard-headed reason for the old returning to popularity. Except for high-end designer pieces, expensive modern furniture is like an expensive car - its value plummets as soon as it leaves the saleroom. With the antique equivalent, however, if your world caves in and you have to auction your possessions, you can always hope to get your money back.

A good article, I just wish it had more depth and details. But I at least like what Cohen has to say. To read, click HERE.

Update: Lehman Brothers Collection

The New York Magazine recently had a short update on the status of the now bankrupt Lehman Brothers investment bank, which has hired art consultant Kelly Wright. The collection is said to be composed of over 4,000 pieces with an approximate value of $30 million. It appears the collection will eventually be sold, but there is no rush to do so given the current state of the market. The article also states that Barclay's which purchased portions of Lehman Brothers as well as another management group have rights of first refusal on select item within the collection.

The New York magazine states Lehman has hired an art consultant, Kelly Wright. He’d previously assisted in art disposition in both the Arthur Andersen and Warnaco bankruptcies for creditor-advisory firm Alvarez & Marsal and says he’s already “pursuing avenues of disposition.” However, Lehman’s in no rush. “We are not anticipating the imminent sale of art, particularly under the likely current market conditions,” says Lehman managing director Francine Kittredge.

To read the NY magazine article, click HERE.

3/24/2009

NY Legislature Introduces Bill to Restrict Deaccessioning

The Wealth Bulletin is reporting that the NY State legislature has introduced a bill that would ban NY State museums from selling collections to raise operating funds. There are a few exceptions, but it appears to be rather straight forward and limits the reasons for deaccessioning. I will try to the follow the bill and update as news becomes available.

The Wealth Bulletin states The proposal is designed to toughen current regulations on "de-accessioning," which is the legal process governing how cultural institutions, trade, sell, or dispose of their collections. The process is enforced by the state’s board of regents, which oversees educational activities for New York state.

State Senator Richard Brodsky, a co-sponsor of the bill that could set a legal precedent if enacted, said it came at the behest of the museum community and was drafted with the support of the Museum Association of New York.

The bill would permit museums to sell collections only if the proceeds could be used for acquisitions or for the preservation, protection and care of works in the collection.

The bill stipulates that exceptions are made only for works that conflict with the museum’s mission statement, have deteriorated, have been duplicated in the collection, are inauthentic or are being returned to a donor or rightful owner.

To read the Wealth Bulletin article, click HERE.

The Economist on the Art Loss Register

The Economist has a very article on the Art Loss Register. It recounts how at the recent Versace’s sale at Sotheby's a portrait (see image) by late 18th century artist Johann Zoffany came under scrutiny as a potentially stolen peice of art. According to the Economist Sotheby's was promting the sale and the painting when its ownership and title were called into question. The painting was pulled from the sale after Sotehby's was contacted by the Art Loss Register who was contacted by the owners of the painting, whcih had been stolen from their colletion 30 years earlier.

The Art Loss Register is a fee based organization, charging for searches and listings. It is not inexpensive to use, but it is a tool appraisers should be aware of, especially when working with high value items.

The Economist reports The ALR’s work is well known to Sotheby’s, which was involved in starting the business in 1991. When they learned that ALR staff believed that this was indeed a stolen painting, it was immediately withdrawn from the sale.

Had the Zoffany been stolen since 1991, it would have appeared in the ALR’s database. Their staff scour auctioneers’ catalogues and are confident that they would have identified the painting and alerted the saleroom. Sotheby’s had toyed with putting the portrait in a sale of English paintings; had they done so, the Evening Standard would likely not have mentioned it. Fortunately for the Zoffany’s rightful owners, the Versace family insisted that Gianni’s collection receive a single, comprehensive sale, with consequent high publicity.

To read the Economist piece click HERE. To visit the ALR website, click HERE.

3/23/2009

Mixed Results at Sotheby's Doha Sales

Artinfo and Bloomberg are reporting the inaugural series of middle eastern sales held last week by Sotheby's with a few exceptions performed under expectations. The middle eastern and international contemporary sale sale realized only $4.3 million against pre sale estimates of $13.8 - $19.7 million, with only 55% of the 51 lots selling. The second sale, Art of the Islamic saw only 5 of 18 lots selling, but those 5 lots brought excellent prices at around $4 million (the full 18 items had a pre sale estimate of $4 million). That was a positive.

Also in its own catalog an Indian pearl rug set a record price of $5.5 million against a $5 million low estimate.

ArtInfo reports The house did see one success in Doha this week, when an Indian carpet made of pearls and gems that had been given its own catalog sold for $5.5 million, beating its low estimate of $5 million and the world record for a carpet or rug, set at Christie's New York in June 2008. The Pearl Carpet of Baroda, which measures 5 feet 8 inches by 8 foot 8 inches, was commissioned in 1865 by the Maharajah of the former Indian state of Baroda, possibly as a gift for the tomb of Mohammed at Medina.

To read the ArtInfo article click HERE, to read the Bloomberg article on the sales click HERE.

NICHE DRIVES A CAREER OF CHALLENGES AND REWARDS

While in Charleston Bernard Ewell, ASA sent me an article he recently wrote and published in the ASA Personal Property Journal. It is about finding and developing a specialty and becoming an expert or authority in that particular area. Mr Ewell is an expert on Salvador Dali and he recounts how his reputation and specialty appraising career developed. There are many generalist appraisers in the profession, and I do believe it is wise to also have a specialty area where you are known and considered an expert. Much appraisal business and assignments can develop from a single specialty.

I am posting half of the Ewell article now, and in a few days I will post the remainder.


NICHE DRIVES A CAREER OF CHALLENGES AND REWARDS
© Bernard Ewell, ASA

In 1980 a client from Alaska brought two lithographic prints attributed to Salvador Dalí (Spanish 1904-1989) to my office in Colorado Springs. They were accompanied by “certificates of authenticity” issued by a gallery in Hawaii. My efforts to find information and answers were consistently met with warnings from other appraisers and colleagues that the Dalí market was dangerous and a “can of worms” and it would be best to avoid it. Dealers and publishers routinely stonewalled and warned me off. One publisher’s attorney told me to mind my own business. I was hooked.

Now, twenty-nine years, numerous Federal court expert witness assignments and fifty-two thousand Dalí prints later, I am between spending a month in Mexico and a month in Ireland writing. I’m thinking back over a career of developing this niche that no one else wanted. I have an international practice, a substantial income and ten weeks of vacation a year. I also have a reputation as The International Dalí Authority. I hope that some of my students in American Society of Appraisers’ valuation courses and my practice management seminar followed my advice to find and develop a niche of their own.

The secret is to find a subject or artist of interest, seek out everyone with any information and experience in the field and always remember that if a person has integrity, nothing else matters; if a person does not have integrity, nothing else matters. Always maintain a disinterested third party relationship to the art you specialize in. Don’t buy, sell or broker it. Careful development of credibility will expand a reputation and eventually there will be no need to do any marketing or promotion. Those in need of expertise and answers will seek out the expert and opportunities will multiply.

Of the many rewards, one of the greatest is to become a trusted source of information for other appraisers who can then accept assignments involving your specialty or artist and, with your help, address the needs of their clients.

Salvador Dalí made his first commercial print in 1930. It was a heliogravure of an original drawing to which he added some original engraving in the plate. After executing about seventeen hundred print titles prior to 1980, he is remarkably now also credited with thirteen lithographs in 1980 and two in 1982, even though I have copies of affidavits in which he swears to have signed no prints or paper for prints after 1979 and, in fact, states that he signed his name fewer than one hundred times in 1980.

What lies between 1930 and 1980 is one of the most extraordinary—and confusing—stories of any artist of any era. We hear of Dalí signing many thousands of blank sheets of paper (not true); marking printing plates by shootings nails at them from an antique harquebus; drawing on lithography stones with ink applied by a French bread stuffed into a rhinoceros horn; and using an octopus dipped in ink. He is also credited with the creation of vast numbers of prints that I have repeatedly proved in court bore forged signatures. The whole Dalí graphic mess constitutes the greatest art fraud of all time and involved the criminal efforts of hundreds of publishers and dealers. Even today the cons continue.

A consummate showman as well as an artistic genius of the highest order, he spent the last nine years of his life as a recluse and probably as a prisoner—if you believe the findings of an extensive investigation by Spanish Television. During that period (1980-1989) many thousands of prints attributed to Salvador Dalí were sold to unsophisticated buyers who were assured that the artist was very ill, would die on Thursday and the value of his prints would skyrocket. They are fakes and I am now the only uncompromised expert who can tell the difference between them and the legitimate works.

Now that Dalí has been dead for twenty years, it is reasonable to expect that the Dalí market would have pretty well settled down and that there would be dependable sources of information on print authenticity and values for the personal property appraiser to depend on. Not so. The same old “is they is, or is they ain’t” questions are still difficult to answer and there are still players in the market who work assiduously to mislead potential buyers and researchers and suggest that I’m not who I say I am.

To be continued.

3/22/2009

Christie's Being Sued Over Guarantee

The NY Times is reporting on a lawsuit being brought against Christie's by a family trust over the failure to sell a Francis Bacon painting this past November. The family trust is claiming Christie's won the rights to sell the painting over Sotheby's and it originally included a guarantee of $40 million. Chrsities, after receiving the painting backed off of the guarantee. If you recall, the November Modern and Contemporary sales performance were rather bleak. Around this time both Christie's and Sotheby's began to review guarantee policies as well.

The NY Times states The lawsuit, filed in the United States Southern District Court on Friday, claims that Christie’s, in competition with archrival Sotheby’s, agreed to give the trust, Weiss Family Art, a guarantee — a sum promised to the seller regardless of the sale’s outcome — of $40 million for the painting. In order to win the consignment from Sotheby’s, Christie’s sweetened its deal and won the business.

The NY Times article is rather short and lacks many details, to read click HERE.

3/20/2009

Back from ISA Conference

I just returned from nearly a week in Charleston, SC for the ISA annual conference. I was there early to assist in setup and attend the ISA Board meeting.

In my opinion (and that of many I have spoken with) the conference was very successful. ISA had an excellent turn out of members, with more attending than we actually budgeted for. I think the strong program along with the allure of Charleston were the reasons for the strong attendance.

I enjoyed many parts of the strong program, including those by Tom Savage (director of museum affairs at Winterthur), Ron Fuchs (Director of the Reeves collection at Washington and Lee), Geroge Read (appraiser and former Sotheby's auctioneer), Greg Horner (FBI Art Crime Team member), Alvah Beander (ASA Appraiser speaking on the Gullah people), Janet Moffitt (IRS Art Appraisal Services), Roger Durkin (ASA appraiser on expert witness testimony) and Andrew Brunk (auctioneer on state of the market). Those are the ones that I saw, there were still other sessions I was not able to attend.

I particularly enjoyed George Read. If you ever have the opportunity to see him speak, I highly recommend you take advantage of it. A truly gifted speaker with a vast amount of knowledge and information. His presentation A Little History of Antiques was informative, educational and amusing.

This program was a fitting followup to last years successful conference held in Baltimore. Next year the conference moves North to Toronto.

The ISA conference is open to all appraisers, and in my biased opinion, I believe ISA is now managing the best conference program in the personal property appraisal community.

The journal was also being sold at the conference where sales were strong, and it was very well received by both attendees and speakers. I am please to say a copy of the 2008 and 2009 edition were also given to Janet Moffitt of the IRS to act as staff copies for the IRS Art Appraisal Service team. I am please to announce that I was awarded the ISA Lamp of Knowledge Award for my contributions toward appraisal education for organizing and editing the Journal of Advanced Appraisal Studies.

Now that I am back, I hope to get back to more timely AW posts of what is happening in the markets and appraisal related news. Thanks to everyone who sent in links and news information while I was traveling. It was greatly appreciated. So, dont stop sending just because I am back at the computer. I cant collect all the relevant information, so if you see something of interest, please email me the information or link, I might have a post scheduled for it, but I might have missed it as well. Dont be shy, we can all work together to help the profession.

More on the Nuns, Appraiser and Art Dealer

Maine Antique Digest also has an article on the William Adolph Bouguereau religious painting sold to an art dealer and brokered by an appraiser. This is really a very messy situation. It is a very interesting article and I recommend all appraiser read the piece.

MAD reports there was an email sent to the Nuns stating "The word on the street is that the painting you all sold by William Adolph Bouguereau was the subject of a crooked appraisal [sic] job by Mark Lasalle. When he told you it was worth $400,000 to $500,000 he was holding in his hands a Sothebys [sic] appraisal for $1.8 to $2.2 million. He got another dealer (Mark Zaplin) to put up the money to avoid a conflict of interest, and the two just sold the painting through Brian Roughton for over $2 million. Bishop Kelley was right the painting should have been sent to auction, then the nuns wouldn't have been defrauded by the Lasalle/Zaplin combo."

MAD continues Where is the painting today?

Brian Roughton of the Roughton Galleries, Dallas, Texas, owned it in early February. He bought it from Mark Zaplin and is aware of the lawsuit. Roughton said that when he bought it he had to agree not to advertise it then, "because of sensitivity for the original seller's feelings." He has been approached by a major museum about purchasing it.

It has been at the Dallas Museum of Art during the past two years. "They had to take it down because of a major show they were mounting, and rather than have it stored in their basement I had it come here to my home," Roughton said. "It's a very big painting, and I didn't have room in the shop to show it properly. It also is very heavy; it weighs over four hundred pounds.

"I saw photos of it before it was cleaned and thought it was a crapshoot. If it didn't clean up successfully, it was worthless. Luckily, they took it to one of the top men in the country to do the restoration, and now it's beautiful."

About the controversy, Roughton said, "I don't have any problem with Mark Zaplin selling it to me. It was a straight legal purchase, but as for the conduct of the other Mark, Mark LaSalle, if he did in fact go to the nuns as an appraiser and was hired for that, then gave them a bad appraisal in order to get it, then that's unethical behavior for any art dealer to do, and I condemn it."

Attorney Tom Chase, who represents Mark Zaplin, said, "We think the claims against Mark Zaplin are absolutely without merit. He had no part in the events that led up to the purchase. It was a full two years between the discovery of the painting and the time they actually sold it. They could have sought any advice they needed about the value of the painting during that time."

Brian Roughton told M.A.D., "I'm asking $4.8 million for it and don't necessarily want to sell it. My wife asks, 'You just got it back and now want to sell it?' I think it's magnificent and wouldn't mind owning it permanently."

Apparently, that won't happen. According to a February 19 story in the New York Post, the painting has sold for more than $5 million.

To read the MAD article, click HERE.

Unemployed Artists

Fellow appraiser and journal contributor (Framed Works on Paper – What to Look for Under the Dust Cover) sent me an interesting article from the Christian Science Monitor on how many professional artists are currently fairing in this economic market. Struggling artist is not a new term, but the CSM article entitled Artists in Survival Mode as Market Crumbles certainly brings into context how hard many artist have been effected by the world economic slow down.

The impact of slowing sales in contemporary art galleries has a direct negative effect on many professional artists. The article also discusses that economic and employment indicators on artists typically lag other indicators, and should the economic markets start to trend upwards, it is still possible artist employment will lag behind other sectors. The article is not only specific to contemporary artists, but musicians and actors as well

The CSM states Last week, the National Endowment for the Arts released research showing that artists are now unemployed at about twice the rate of other professional workers. Approximately 129,000 artists were out of work nationwide in the fourth quarter of 2008, according to the report – up 63 percent from the same period in 2007. The NEA estimated that the figures might have been worse had thousands of artists not left the workforce due to retirement, a desire to pursue outside opportunities, or general discouragement. And the forecast for the next few years is no brighter. Sunil Iyengar, the director of research and analysis at the NEA, said unemployment was a "lagging economic indicator," and that the figures can still rise even months or years after a general economic recovery. Artist unemployment, for instance, did not reach its zenith until two years after the 2001 recession, when the markets had regained their strength

To read the Christiion Science Monitor article, click HERE.

Excerpt from the Journal of Advanced Appraisal Studies

Jianping Mei and Michael Moses of the Mei Moses Art Index wrote the following journal article on how the index was developed and how it works. Order your copy of the Journal at www.appraisaljournal.org.


The material value of any object is usually set by a transaction be-tween a willing buyer and a willing seller. Market prices for objects that trade often, such as stocks, commodities, and household items, are derived from an accumulation of these individual transactions taking place at a particular time. We may determine the “value,” or current market price, of an object from its closing or average price. Owners of this type of property can determine the change in its value over time by simply comparing the original with the current market price, (called “Marking to Market”) and may expect, with some confidence, to be able to sell the object on the following day and recover a price approximating today’s market price, less any transaction costs.

A different approach is required to determine the current market value for objects that have long time intervals between transactions and are individually unique, such as art, housing, and natural resource leases. Average price indexes do not provide appropriate guidance for these products because they do not take into account the uniqueness of the objects that came to market in any particular time period. Consider the example of New York City apartments. If in one period the majority of the units that sell face a park and in another time period the majority of apartments that sell face a busy street, the average price in the first period may be twice the average price in the second. But the market for each type of property might not have changed at all. Instead, the change in the average price reflected a change in the mix of objects in each period. Thus average price series are not appropriate for valuing works of art.

Repeat sale indexes are a more appropriate tool for valuing works of art. A repeat sale index is based on the returns determined from known purchase and resale prices of each of the individual items sold in each period. For example, the Case Shiller S&P index describes changes in the residential housing market in the U.S. To handle the uniqueness of each house they use a repeat sale technology that is based on the change in value of houses with both a known prior purchase price and current sale price. These are called repeat sale pairs. Similarly for art, the Mei Moses® Family of fine art indexes, which became available in 2001, is based on a proprietary database of over 12,000 repeat sale pairs. The Case Shiller Index is updated monthly and the Mei Moses® all art index is updated semi-annually.

Use of a repeat sale index provides the best approximation of the potential current price for infrequently traded items, such as art. However, it assumes that an individual item’s value changes in accordance with the overall market. A final valuation of a particular work of art may require an appraiser to consider the strength of this relationship based on the object’s qualitative characteristics. (Such as artist for art, location for real estate or the percent hardwood for forest land) These types of appraisals are developed by an auction house, dealer or professional appraiser. The balance between market and qualitative factors will differ from appraiser to appraiser. And there may be vested interests by either the owner or the appraiser that affect the process.

Art auction houses engage in a valuation process when they publish in their pre-sale catalogs low and high estimates on the likely sale price of the art objects offered for sale. Auctions are the only venues where purchase and sale prices are transparent and readily available. However, the valuation process is difficult due to the variety of individual works of art and the pronounced infrequency of transactions involving an individual object. In the Mei Moses® repeat sale database the average time between auction appearances is over 25 years. In addition, the English outcry system employed by all major art auction houses permits bidding wars that may drive sale prices above levels that might otherwise prevail. Unconfirmed rumors about the condition or authenticity of works of art may depress prices or result in no sale at all.

3/19/2009

Nuns Sue Appraiser and Art Dealer

Fellow appraiser Kathi Jablonsky sent me an online article from the antique trade publication Antiques and the Arts about a New York appraiser, catholic nuns and a Santa Fe art dealer. The nuns are claiming the art appraiser deliberately appraised the painting "Notre Dame des Anges," an 1889 work by Bouguereau with a low value and later arranged a sale for purcase by a Santa Fe gallery.

The article states In a complaint filed in the New York Supreme Court in August 2008, the nuns, represented by New York City attorney Bruce Goldstone, claimed that LaSalle and Zaplin "intentionally, deliberately, wantonly, maliciously (and) with evil motive ... perpetrated fraud" against the congregation. Zaplin purchased the genre painting from the Daughters of Mary in 2006, paying them $450,000. He later sold it to a Dallas, Texas, art dealer, Brian Roughton for about $2.5 million. Zaplin denies any conspiracy to defraud the nuns, countering that they are merely experiencing seller's remorse. Goldstone argues, however, that LaSalle's "lowball" appraisal, in concert with Zaplin's "straw purchase" constitutes seven legal "sins," including negligent misrepresentation, breach of contract, express or implied warranty, fraud, breach of fiduciary duty, deceptive business practices and violation of the penal law regarding stealing property. The requested wages for those sins, or in legalese "causes of action," amount to $1.75 million, plus $50 million in punitive damages.

The Art and Antiques article is an interesting read for all appraisers. Click HERE to read.


3/18/2009

Tech Tip: HTML to PDF

Its has been a while since I have posted a tech tip, and that because I had not spotted anything that I thought was worthwhile. But here is a free web based application that I like, and for appraisal reports, it could become a very useful tool.

Have you ever tried printing a webpage, and wind up getting more than you wanted. Additionally, how do you store it if you want to use it in the future other than go back a print again. But what if the page has changed? Converting to a PDF to store for future use would be helpful. HTML to PDF converter is a great web base program where you type in the web page, or cut and paste for those who are challenged when typing a long URL, click the convert button and it will download or open the page in PDF format. You can then save and print to use in an appraisal report or to store electronically for a workfile.

To visit the site and try the free conversion web app, click HERE.

Excerpt from the Journal of Advanced Appraisal Studies

Victor Wiener wrote an interesting and thought provoking article on The Unique Aspects of Appraising Large Scale Art. Victor looks at the Dream Garden Mosaic by Tiffany, the Tiffany Colombian Chapel, The Ayer Mansion in Boston, Church Reredos, and artists Damien Hirst and Sol LeWitt. Victor Wiener's article certainly gives the appraiser much to think about.



The Question of Whether the Work is Portable Personal Property or Fixed Real Property

Although many large works of art are site-specific objects, many can be removed from their physical setting. All works discussed in this paper are portable; they can be dismantled and re-installed in another location. The degree of portability varies from object to object.
The Damien Hirst works can be transported with relative ease. The church reredos, because of their complex designs, may be more complex to move. The Ayer mansion decorations may be even more difficult to dismantle and re-install, while the Sol LeWitt wall drawings would have to be recreated.
The portability of a specific work can affect its value. Potential buyers may be influenced by ancillary costs associated with relocating a large scale work.

The prospective buyer of the Dream Garden mosaic was willing to assume the cost of approximately $1 million to restore the lobby of the Curtis office building to its condition prior to 1916 when the mosaic was installed. Any purchaser of a church reredos would have to assume the considerable expense of transferring a large, intricate and delicate work of art to a new location, just as the buyer of a Sol LeWitt wall drawing would have to pay Sol LeWitt’s installation crew significant fees for recreating the mural in a new surrounding. And transport of the 6000 kg Hymn by Damien Hirst will not be inexpensive.

While most purchasers of significant works of art are concerned with the maintenance and conservation expenses, associated with the ownership of these works, the expenses connected with the ownership of large scale pieces may limit the number of potential buyers to a relatively small number. However, these prospective buyers, most likely, will be highly committed and in possession of the financial means needed to assume ownership of these large scale works. Nonetheless the appraiser needs to take these factors into consideration when assessing who these potential buyers may be and how strong the market is likely to be for these works.

The Question of Quality

Not all large scale works by a particular artist are of the same quality.
There are distinct variations in quality of the Sol LeWitt wall draw-ings. The Dream Garden mosaic and the Columbian Chapel by Tiffany are of decidedly superior design quality when compared to the interior decoration of the Ayer mansion with its uniform tesserae – notwithstanding the fact that mansion’s entrance hall is a bravura piece of stage design.
The large scale Hymn by Damien Hirst is far superior, in my opinion, to the other large scale Damien Hirst sculptures such as Virgin Mother and Charity. And, the reredos at St. Paul’s School in New Hampshire and the one at Saint Thomas Episcopal church in New York City are of significantly higher quality than the reredos at other institutions.

As with other works of art of more average scale, the appraiser has to determine the quality of a specific large scale work when compared and contrasted with similar and like works by the same artist or those works of a comparable nature by another hand. For example, the medium size pill cabinets by Damien Hirst of the same dimensions have sold at vastly varying prices due to the coloration and arrangement of the pills. Similarly, the valuation of the large scale pill cabinet seen in Naples would also be dependent upon the colors and arrangement of the pills inside.
The assessment of the aesthetic value of a specific piece when compared with other works is a significant part of an appraiser’s assignment. This consideration is no different when valuing large scale works or when valuing objects which are miniature in scale.

The Question of the Iconic Nature of Large Scale Works

Clearly large scale works take considerably longer to produce than works of a more conventional size. This is true for artists such as Damien Hirst and Jeff Koons who have ateliers with many assistants.

When a large scale work is created it has the possibility of being viewed as an “iconic” work – i.e. a work of extraordinary quality which stands out from the more common pieces produced by an artist. This is especially true for artists such as Damien Hirst, Jeff Koons or Louis Comfort Tiffany whose studios have produced numerous works of conventional dimensions.
If a large scale work is viewed by the public as iconic, the market most likely will place a premium on the piece in the form of a high value.

However, this is not always the case for every large scale work. The market most likely would not view every Sol LeWitt large scale wall drawing as iconic since LeWitt was prolific in producing large scale works. In such a case market value would be determined almost exclusively by the aesthetic quality of a given piece.

Large scale works of an iconic nature may be harder to sell because there are fewer potential buyers; but when they do sell they generally sell for much higher prices than works of more conventional size. Had the Dream Garden sold for $10 million in 1999 it would have been a world record for Tiffany in both the public auction and private gallery sales markets.
It would be erroneous to believe that because a work is harder to sell it is less valuable. The value of the large scale pill cabinet in Naples would most likely be augmented and not diminished by its scale, rendering it an iconic object.

And, by the same token, Damien Hirst’s Hymn may, indeed, have an increased value due to its large size and superb aesthetic qualities – although it may take a while to sell it if it were to be placed on the market. To believe it would be less valuable than a sculpture of more manageable size would be analogous to believing that Michelangelo’s David is less valuable than Verrochio’s David. Both works are extraordinary achievements of Italian Renaissance sculpture but the smaller David by Verrochio does not have the iconic qualities of Michelangelo’s David which was called “the giant” when it was created in the 16th century.

The Question of Highest and Best Use

Large scale works of art are frequently site specific. Although many, including all the examples cited in this paper, are portable many may be so large that they would have higher value if left in place.
Church reredos which were designed and produced off site may augment the architectural value of the chapels in which they were placed, although they could be sold to another church or museum.

3/17/2009

Ownership of Cultural Artifacts

After the YSL of the bronze animal heads and the sale of Ganhi's personal effects including pocket watch, sandals and glasses there remain many legal and ethical issues concerning ownership rights of cultural property. As appraisers we need to know if item ownership is contested as it very well could impact the value, ability to sell or where to sell.

Fobres.com is running an interesting article by Alexander Bevilacqua entitled National Treasures for Sale, Do Cultural Artifacts Belong in their Country of Origin.

Bevilacque briefly relates the stories behind the Gandhi' artifacts and the bronze animal heads as background for the article. One interesting point is the UNESCO agreement which the US has signed only involves cultural property removed from the country of origin after 1970 and has no retroactive clauses attached. That leaves many artifacts open to legal proceedings.

Bevilacque states China and India's arguments may seem, then, like hollow nationalist rhetoric. They are certainly a disingenuous public relations coup, designed to provoke national sentiment.

Yet they are also based on a concept of national cultural property that is now universally recognized, though India and China's application of the concept is much broader and looser than the relevant laws allow.

U.S. courts recognize that in countries like China, any item of cultural value unearthed is automatically owned by the state. The person to discover the object has no property claim on it. Such national property claims have been upheld in American courts when cultural goods were brought illicitly to these shores.

He concludes with The free market is not the only way to ensure the mobility of art: state ownership hardly prevents artworks from traveling, as attested by current exhibitions of French sculpture at the Met and Norwegian paintings at the Art Institute.

The controversies surrounding the Saint Laurent and Gandhi auctions served many ends. Yet a concept invoked by most participants, global ethics, appears to have guided no one. Of a genuinely global policy for the guardianship of cultural goods, one might say what Gandhi reportedly remarked of Western civilization: it would be a good idea.

To read the Forbes article, click HERE.

3/16/2009

Difficult Markets for Antiques and Family Heirlooms

Dan Sewell of the Associated Press recently ran an article (actually a few weeks ago) on the antique and collectible markets. The report really has nothing new as we all are aware of the lower prices, especially on mid and lower level property, yet many consumers are rather shocked at the reality of what their collections are actually worth in today's market. Like a few others, this article is a good piece when documenting and describing current market trends and conditions for collectibles and lower level antiques and family heirlooms. It has comments from not only antique dealers, collectible dealers, pawnshops and auctioneers. He does state that those items priced under $10,000.0 has been hit the hardest.

An interesting point Sewell makes is about eBay, how in the fourth quarter of 2008 the number of buyers and seller grew by 4%, yet sales volume fell by 12%. Sewell also notes that opportunities are all around for those with money to spend.

As an appraiser I have been getting many calls from individuals who are not actually looking to have items appraised, but are rather looking to sell. Unfortunately, what I have to tell them is typically not what they expected to hear or want to hear. On the AW Blog I post a fair amount on the upper markets because they attract the most attention in the news, such as Sotheby's and Christie's auction sales, The Winter Antiques show and some of the more famous art fairs such as Art Basel Palm Beach. As professional appraisers we need to be aware of what is happening at all market levels and categories and sub categories within those levels. Sewell's article is good piece documenting the lower level markets of consumer collectibles.

Sewell states Families trying to unload keepsakes for cash are learning that an economy at risk of falling into a deflationary period is taking a heavy toll on the value of these assets, just as it is for traditional investments such as stocks and homes.

Pam Danziger, who studies consumer behavior as president of Unity Marketing, said people who start collections often make a mistake by considering them an investment. And that leads to disappointment when they try to sell them to people who don't share their emotional ties to the items.

"Even if things are 100 years old, it doesn't necessarily mean they're rare or valuable to anyone else," she said.

While experts generally agree that demand remains high and prices good for very rare and top-of-the-line items, the market for mid-range and lower-quality collectibles is down sharply.

"The majority of items have a value under $10,000, and that's the material that's been hit the hardest," said Mike Gutierrez, a sports memorabilia expert for Heritage Auctions in Dallas.

Sewell continues At an auction business in downtown Cincinnati that has been around since around the Civil War, owner J. Louis Karp warns clients they face "a terrible market."

He recently told customers to expect $300 to $400 for a sterling silver flatware set. "They said, 'Oh my God! It retailed for $1,500!"' Karp recounted.

A Persian rug Karp would have sold for up to $5,000 just a few years ago will now go for $800 to $1,500.

In Middletown, some 35 miles north of Cincinnati, Richie's Pawn Central has been in business since the 1950s. Each day now brings more first-time visitors, said Allen McIntosh, shop manager in the mill city.

The office is lined with vintage Gibson and Fender guitars, some handed down through generations. But dozens of times each day, he also turns down offerings he doesn't think have as much resale value as the customers hoped.

To read the article, click HERE.

3/15/2009

The Politico Reports on Potential Impact of Charitble Donation Changes

The Politico recently ran an article or post entitled Will Obama Budget Doom Philanthropy. Much of what is in the article has been previously posted on here on the AW Blog. The article continues to debate weather individuals will continue to give at the same levels as under existing tax laws. I agree that many of the ultra wealthy will continue to give and donate and the same levels, it is those that are just over the threshold of the new tax law, the $250,000+ income level that concerns me.

The good news is there is a fair amount of opposition in both parties about this potential change in the tax code. The Politico states Senate Democrats like Max Baucus (D-Mont.) and Robert Menendez (D-N.J.) have expressed opposition. And House Ways and Means Committee Chairman Charles B. Rangel (D-N.Y.) said, “I would never want to adversely affect anything that is charitable or good.”

The Politico report continues Moreover, while most nonprofits do rely on major donors, they cannot survive without the many middle- and upper-middle-class givers at the center of any philanthropic pyramid. Obama’s plan will undoubtedly affect them.

We asked Daroff whether the optimists were correct. He pointed out that even under the rosiest assumptions by the Center for Budget and Policy Priorities, a group close to the Obama administration, the budget would spell billions in lost contributions.

In any event, I believe the increase in taxes on charitable donations is not good for the arts, and as many institutions are currently struggling, increasing taxes on donations would only make matter worse. It is my hope that this section of the proposed tax law is removed.

To read the Politico story and analysis on the potential changes in donation tax law, click HERE.

3/14/2009

Corporate Art Collections at Risk

Melanie Tringham of The Financial Times is reporting that corporations are increasingly looking at corporate art collections as potential candidates for liquidation in order to assist cash flow. I have posted about this situation in the past on the AW Blog, (including bankruptcy issues and art at Lehman Brothers) and it keeps coming back with new information and news about corporations looking to sell fine and decorative art collections. The article even touches on the academic world bringing in the current situation at the Rose on the campus of Brandeis University. I am afraid as corporate earnings fall and firms struggle, there will be more corporate collections being reviewed for viability and with the potential of being turned into working capital.

Trigham states How do businesses and other institutions come to possess valuable works of art? For some companies, an art collection starts with the private passion of an individual, such as David Rockefeller at JPMorgan Chase. For others it begins as little more than a means of decorating the office walls. Often a company purchases works as part of its corporate social responsibility commitments, in support of emerging or local artists. If one of them eventually becomes successful, the purchase may well turn out to have been a worthwhile investment.
Trigham continues Heidi Lee, a New York-based art adviser, says: “Companies selling now are not going to get as much as they would have but they don’t have much choice – they may need to get the money as soon as possible. There’s still a lot of activity in the art market – it’s just moved from a seller’s to a buyer’s market.”

Selling an art collection is very different from disposing of more conventional assets. Over-hasty executives with little understanding of the market can easily fail to maximise the value of holdings.

A very good article, but it is also nothing we have not seen or heard of in the past. It does serve to reinforce the point that corporate collections are under scrutiny, and as appraisers may be an avenue for new appraisal and consulting assignment.
To read the FT article click HERE.

3/13/2009

Excerpt from the Journal of Advanced Appraisal Studies

Here is an excerpt from chapter four of the Journal of Advanced Appraisal Studies - 2009. Fellow appraiser and ASA member Bob Corey and I collaborated on the article entitled Combining Metrics, Standards and Connoisseurship: A Weighted-Factor Scoring Model.

What that means is that Bob and I took a survey of certified appraisers asking them to rank the 14 evaluation factors of the decorative arts developed by Winterthur scholar and author Charles Montgomery and later Dwight Lanmon. We averaged the factors and developed semantic rating scale of 1-5 for each of the 14 points for the appraiser to rate the indivudual item. As stated in the article, This hybrid formulation returns a combination of standardized evaluation factors based upon the survey results combined with the appraiser’s subjective evaluation of the comparable property using the semantic differential scales as adjusted according to individual property features and attributes.

Bob and I also developed a spreadsheet to compute the values of property based upon selected comparable property, their evaluation points and value, the semantic differential scales as rated by the appraisers and the survey based upon results from ISA certified appraisers. Within the paper are the survey result average, ranges for the survey, explanation of the 14 evaluation points and the semantic differential scales for each of the 14 evaluation points.

If you have not ordered your copy of the Journal, I highly recommend that you do. It has 20 articles on appraising and product knowledge and supports a worthy cause in the scholarship and educational initiatives of the Foundation for Appraisal Education.n Order your copy today.

The following excerpt is from the Discussion and Conclusion of the article which gives a good summary of the paper.

In this article, we have discussed the nature of appraisal knowledge and introduced a numerical scoring model methodology commonly used in other social science disciplines. Our goal is to improve the consistency and quality of personal property valuations. We believe that new appraisal methodologies and techniques that incorporate contributions from both metrics and experience will serve to enhance the professional standing of appraisers and benefit users of personal property valuation services.

Using independently established weights, percentages, and data ob-tained by means of a survey of appraisers is a significant advancement in the study of decorative arts and personal property appraising. If followed properly, the methodology we propose should moderate the subjective nature of connoisseurship and valuation.

Even a cursory review of the range of importance ratings assigned by individual respondents illustrates the current idiosyncratic nature of appraisal practice and valuation. The range results from Table 1 suggests that even when using a common value-ranking approach, two fully qualified appraisers chosen at random from among respondents are likely to produce significantly different appraisal valuations because of the vast difference in importance each may assign to the various factors. Add to this the fact that, in practice, no two appraisers are likely to use the same value-ranking schema in their appraisal practice (nor are they required to do so under USPAP) and you can begin to understand fully the need for incorporating proven social science methodologies and metrics into appraisal practice.

As a profession, we cannot be so obtuse as to ignore the problem of conflicting and idiosyncratic appraisal results. For those seeking further evidence, the problem is reflected in the following statement expressive of the court’s dissatisfaction with appraisal standardization: “In the absence of settlement, we are left to adjudicate the validity of conflicting experts' opinions who are convinced that both their conclusions and methods are correct.” Even more damning, in the Annual Summary Report for 2007 the IRS Art Advisory Panel reports that only 36 percent of the appraisals reviewed by the panel were found to be satisfactory. Sixty-one percent of the appraisals reviewed by the panel required adjustments. From a profes-sional standpoint, would you hire a lawyer who wins 36 percent of his cases or place your confidence in a doctor whose diagnoses are shown to be incorrect 61 percent of the time?

We are aware the methodology described in this article is not the definitive answer to the problem. When using the model, the comparable property and values along with the assigned rating factors must be relevant, viable, and be statistically appropriate when compared to the subject property. The evaluation factors selected must be within the range of values that reasonably could be expected to occur from using appropriate appraiser generated samples. As an example, you would not expect the methodology to function properly when comparing an ordinary depression-era glass vase to a highly collectible and desirable Tiffany glass vase. In addition, the appraiser must have the experience and knowledge base in order to properly and effectively score both the subject property and comparable property. If the samples are not properly selected, scored or relevant to the subject property the adjusted mean methodology will not function effectively.

We are also well aware subjectivity will always play a role in the evaluation of cultural property and the decorative arts and it is no different in our study, but it is our hope to reduce the variance associated with subjective differences and personal bias and eventually bring balance and a measure of objectivity to value conclusions. In doing so, the system based upon objective weighted rankings, percentages, and adjusted means may allow final value conclusions to become routinely repeatable by different appraisers and uniquely defendable in contested situations. We must stress that evaluation of cultural property is not to be judged based upon what the nonprofessional perceives as artistic or culturally significant, but must be viewed within the appropriate market by those who have studied and experienced the genre of property. In short, connoisseurs and qualified appraisers with specialty knowledge and not the layman should make the subjective element of evaluation of the subject property in this academic exercise.

(For a sample Microsoft Excel Spreadsheet of the scoring model, please contact Robert J. Corey, Ph.D. at rjcoreyappraisals@hughes.net or Todd W. Sigety, ISA CAPP at toddsig01@gmail.com)