The deceptive auction practices for personal property are not and will not be accepted by those auctioneers involved in the selling of real property. Although the two do have substantial differences in debtor/creditor law, as far as I know, the only specific distinction between the two forms of property is one is movable (personal) and the other not (real). The essential difference in the auctioneering process between the two is that a minimum bid price is disclosed before the start of an auction of real property. Without that honest and forthright start to the process, any form of chicanery and deception can take place, and it certainly does. For…
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Antiques Dealers and Deceiving the Public
It doesn’t take much for the public to mistrust antiques dealers. We see it in New York Times articles like Christopher Mason’s scathing account of the Hobbs brothers family feud over the veracity of what they were selling or walking the Haughton International Art & Antiques Show and rarely finding a dealer openly disclose descriptions and prices of the items they are selling. Auctioneers don’t have a lock on deceptive practices. With secret reserves, sham bidding, and conflict of interests, they have taken the high road with the public’s acceptance of their methods. Dealers and their representative organizations are in a major state of self denial over their…
Sotheby’s & Christie’s Need Investment Bank Controls
Goldman Sachs and Morgan Stanley, the last 2 investment banks standing from the financial collapse of 2008 were summarily reorganized into regulated commercial banks by the government, in order for them to survive. In the art and antiques industry, the Sotheby’s/Christie’s duopoly still operate in an unregulated, dangerous, and reckless manner. Just like investment banks wrote their own rules on credit, the duopoly has redesigned the auction process. Investment banks have regaled in their image as aggressive and creative market makers for new products and services. As we have discovered, most of it was financial fluff, with a lot of smoke and mirrors on real valuations, with the investment…
New York Times 9/10/08-Secrets to Collecting
The New York Times published an article titled “Passion and Prudence, the Secrets to Collecting” as topic in a section on wealth management. One again we see how dealers are treated and misunderstood, at the expense of auctions and specifically the Sotheby’s/Christie’s duopoly). I responded to the author. Dear Ms. Rozhon, I think your article on collecting antiques couldn’t come at a more opportune time in an industry that has suffered image issues and the intense competition of the Mid 20th Century modern design trend. However, you have done a great disservice to the dealer trade by depicting them as good only for charging a fee…
Antiques, what Gossip Girls should enjoy
The traditional antiques trade has enjoyed little if any contact with a younger generation of style conscious teenagers. I should know, as my 15 year old daughter and as her older sibling brothers when they were her age, show not desire to have these objects interfere with their Blackberry, iPod, or video game. We have a real problem here. Kids today are bombarded with the media and advertisers for their attention. Teens and young people in general have been the focus of the movie, fashion, and technology industries. Art and especially antiques is a complete sideline in their life. What they are taught in art classes is more about…
The Olympics, Steroids, and Antiques
Connecting the Olympics to antiques seems like a bit of a stretch. The over 100 years of the existence of the games qualifies for that threshold definition of “antique”. But just like antiques you can have fakes. Fakes can be real or imagined and perception has a lot to do with it. This year’s Olympics in Bejing have been nothing short of spectacular in the performance of the athletes and level of skill. The competition and quality of the various sports has been at the highest level I have ever seen since watching these games as a kid. Most of all, I believe the athletes are not using illegal…
Antiques Economics
Supply and demand are the measures we use to gauge a price. The influences which have a cause and effect on those functions are fluid and every changing course. Sounds like a classic definition of how antiques are priced. Whether it is negotiating with a dealer or paying the highest price (including the staggering buyer’s premium) at auction, a price is agreed. With all the news and reality that prices for “antiques” has dropped, there are always exceptions that buck the trend. 20th Century decorative arts have certainly not lost ground. The key to demand in the antiques business has now more than ever been subject to style preference.…
Antitrust-The Auction Reserve Starts The Bid Rigging
Bid rigging in the art and antiques world has always been blamed on buyer collusion. It seems that dealers are fair game for such accusations, whether it’s a ring format or having two or more competitors agreeing to restrict their bidding activity. There is however, always the possibility that there could be another bidder to upset the plan. But that opportunity is routinely blunted by the power of a reserve, and a secret one at that. While I don’t like the idea of a reserve price (without it you get real market valuation), it does help set a floor price. But a secret reserve is a whole different ball…
Wake Up, and See the Rhododendron
As one of the essential senses like smelling roses, an unexpected visual experience can have a cathartic effect. I just experienced one of those occurrences, but in my back yard. I’ve noticed that this year (at least in my area of North Jersey) the native rhododendrons are in an exceptional state of blooming. Everywhere is pink and white, as small pink “finials” open up into white, big puffy snowballs. The petals have the form of snowflakes. When I stared down my driveway, I imagined it was snowing, as the falling white petals had formed a snowy impression of the plant on the ground. This is seeing nature, the true…
Bid Rigging and Antitrust Considerations
I just had a letter to the editor of The Maine Antiques Digest published in the July 2008 issue. I took exception to the position of the author of a monthly column on Auction Law as it related to bid rigging. It’s a topic I hope to discuss in future blogs. Letter to the Editor: In your monthly feature on Auction Law and Ethics, Steve Proffitt discussed the legal processes of the Sherman Antitrust Act to protect consigners from bid rigging. As he clearly states “bid rigging, price fixing, and market allocation have each been determined to be per se violations of the Act”. His perspective and focus…