WetCanvas
Home Member Services Content Areas Tools Info Center WC Partners Shop Help
Channels:
Search for:
in:

Welcome to the WetCanvas forums. You are currently viewing our boards as a guest which gives you limited access to view most discussions, articles and access our other FREE features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload your own photos and access many other special features. Registration is fast, simple and absolutely free so please, join our community today!

If you have any problems with the registration process or your account login, please visit our help center.

Go Back   WetCanvas > The Art Business Center > General Art Business > Legal Corner
User Name
Password
Register Mark Forums Read

Salute to our Partners
WC! Sponsors

Our Sponsors
Reply  
 
Thread Tools Display Modes
  #1   Report Bad Post  
Old 07-29-2018, 05:53 PM
kellynewcomer's Avatar
kellynewcomer kellynewcomer is offline
New Member
Minneapolis
 
Join Date: Feb 2011
Posts: 7
 
Hails from United States
Buyer would like me to send 6 items. He will buy 3 and return the rest

Hi all,

I recently got an email from someone who saw my work back in 2002 at a show at the college where he works. He is finally ready to make a purchase yay! He lives in Chicago and I'm in Minneapolis.

Here's the situation: ...."Iíd like to purchase three 11x14 pieces. I want them to work together well as a set. Itís hard to tell which three might be best granted the limitations of the quality of the photos and selecting from the six works that Iím interested in. So, hereís my proposal: You send me everything Iím interested in; I selected three, then return the rest to you. "....

I told him I would have him sign a purchase agreement regarding our arrangement. Now I need to write the purchase agreement.

One reason I felt okay doing this, is because I used to work at The Bentley Gallery in Scottsdale, and they would offer this to their clients to take a work home and see if they liked it in that setting.

Any ideas on wording I should use in my purchase agreement? Or tips regarding how to handle this purchaser?

THANKS
__________________
Kelly Newcomer, Minneapolis MN
http://www.kellynewcomer.com
Paintings, ceramics, colorful, cute, technology, flowers, control panels, satellites, invertebrates, and more!
Reply With Quote
  #2   Report Bad Post  
Old 07-29-2018, 06:24 PM
kellynewcomer's Avatar
kellynewcomer kellynewcomer is offline
New Member
Minneapolis
 
Join Date: Feb 2011
Posts: 7
 
Hails from United States
Re: Buyer would like me to send 6 items. He will buy 3 and return the rest

These are acrylic on paper paintings, unframed. Each painting is in a clear bag. I would ship them with protective masonite on either side, sandwiched together, and with bubble wrap via FedEx. He is paying $525 for three of my paintings from 2002. I don't currently have a gallery.
__________________
Kelly Newcomer, Minneapolis MN
http://www.kellynewcomer.com
Paintings, ceramics, colorful, cute, technology, flowers, control panels, satellites, invertebrates, and more!
Reply With Quote
  #3   Report Bad Post  
Old 07-31-2018, 05:37 AM
Yorky's Avatar
Yorky Yorky is online now
Administrator
ORMSKIRK, Lancashire
 
Join Date: May 2000
Posts: 93,722
 
Hails from United Kingdom
Re: Buyer would like me to send 6 items. He will buy 3 and return the rest

Sounds a bit dodgy to me Kelly. Get the money in advance.

Doug
Reply With Quote
  #4   Report Bad Post  
Old 07-31-2018, 07:26 AM
IanBertram IanBertram is offline
Senior Member
Wiltshire, UK
 
Join Date: Mar 2012
Posts: 429
 
Hails from United Kingdom
Re: Buyer would like me to send 6 items. He will buy 3 and return the rest

Definitely smacks of a scam. I would get payment for all six before sending anything.
Reply With Quote
  #5   Report Bad Post  
Old 07-31-2018, 10:05 AM
budigart budigart is offline
Veteran Member
 
Join Date: Nov 2008
Posts: 768
 
Re: Buyer would like me to send 6 items. He will buy 3 and return the rest

. . . or he might just sell all six, and you will never hear from him again. Better he pays for all six with a money order, and when he returns the three he does't want, you send his over payment. That way, everyone is happy.
Reply With Quote
  #6   Report Bad Post  
Old 07-31-2018, 02:23 PM
kellynewcomer's Avatar
kellynewcomer kellynewcomer is offline
New Member
Minneapolis
 
Join Date: Feb 2011
Posts: 7
 
Hails from United States
Re: Buyer would like me to send 6 items. He will buy 3 and return the rest

Thanks all. Yes, he would pay in advance for the three. So it sounds like you are saying I should get him to pay for all six, then refund him when he returns the other three.
__________________
Kelly Newcomer, Minneapolis MN
http://www.kellynewcomer.com
Paintings, ceramics, colorful, cute, technology, flowers, control panels, satellites, invertebrates, and more!
Reply With Quote
  #7   Report Bad Post  
Old 07-31-2018, 02:25 PM
kellynewcomer's Avatar
kellynewcomer kellynewcomer is offline
New Member
Minneapolis
 
Join Date: Feb 2011
Posts: 7
 
Hails from United States
Re: Buyer would like me to send 6 items. He will buy 3 and return the rest

If he could sell six of my artworks from 2002, I would have to pay him a good commission for sure.

I haven't sold anything for a while, so I am just glad to have someone interested... but yes I will ask him to pay for all six, then I will refund him when I receive the items back.

Quote:
Originally Posted by budigart
. . . or he might just sell all six, and you will never hear from him again. Better he pays for all six with a money order, and when he returns the three he does't want, you send his over payment. That way, everyone is happy.
__________________
Kelly Newcomer, Minneapolis MN
http://www.kellynewcomer.com
Paintings, ceramics, colorful, cute, technology, flowers, control panels, satellites, invertebrates, and more!
Reply With Quote
  #8   Report Bad Post  
Old 08-01-2018, 02:10 AM
~JMW~'s Avatar
~JMW~ ~JMW~ is offline
A WetCanvas! Patron Saint
Oregon
 
Join Date: Oct 2004
Posts: 3,092
 
Hails from United States
Re: Buyer would like me to send 6 items. He will buy 3 and return the rest

Also what if they never get retuned or they get damaged "while shipping"
Are you sure this is legit person ? have you verified name address & such..
Would it be worth 525.00 for all of them if they never send the extra ones back....
If you do it get the actual money in hand first..either way..

Galleries probably only let locals or well known purchasers/collectors take home works to try.

It almost sounds like the start of the scam where they will say they want to send you extra money and have you cash a check and return the extra money to them. but it's a bad check & you get stuck for fraud & fees..
__________________
JMW's Paintings
Improve your landscapes- http://www.wetcanvas.com/forums/forumdisplay.php?f=522
Composition Tips http://www.wetcanvas.com/Articles/Jo...120/index.html

Last edited by ~JMW~ : 08-01-2018 at 02:14 AM.
Reply With Quote
  #9   Report Bad Post  
Old 08-01-2018, 07:56 PM
contumacious contumacious is offline
Lord of the Arts
 
Join Date: Dec 2016
Posts: 2,073
 
Re: Buyer would like me to send 6 items. He will buy 3 and return the rest

Unless it was someone I had dealt with before, I would want payment for all 6 up front, then I would refund the amounts for the returned pieces. Don't forget to figure out who pays to return the unwanted ones. Generally that would be the buyer. If they don't arrive in good shape, then no refund.

That being said, how sad would you be if they sent payment for three of them, and the three that they chose to return never arrived?
Reply With Quote
  #10   Report Bad Post  
Old 08-03-2018, 07:37 AM
Harold Roth Harold Roth is offline
Enthusiast
Pawtucket, RI
 
Join Date: Sep 2013
Posts: 1,314
 
Hails from United States
Re: Buyer would like me to send 6 items. He will buy 3 and return the rest

To me, his request is unreasonable. As someone else mentioned, sometimes galleries will do this with ONE painting and known (to them) collectors. Can you imagine a gallery agreeing to send out six paintings on spec to some guy who just turns up? I can't.

If he thinks the quality of the photos is not sufficient, maybe just send him some better photos, including closeups of details (at least three closeups of details is recommended on art sites anyhow). And recommend some sets of three.

Also, personally I would not accept a money order as payment for any amounts over say $50 (IOW, an amount you can afford to lose). The percent of bogus money orders out there is huge. With a personal check, you can call the back and ask if the account is in good order and can cover the check amount. They can't tell you how much is in the account, but they can tell if the check would be covered. But it is better to take a card.
Reply With Quote
  #11   Report Bad Post  
Old 08-27-2018, 06:01 PM
CarlyHardy's Avatar
CarlyHardy CarlyHardy is offline
A WC! Legend
Rabun Gap, GA
 
Join Date: Aug 2004
Posts: 10,153
 
Hails from United States
Re: Buyer would like me to send 6 items. He will buy 3 and return the rest

I would also be very skeptical about this buyer. 2002 is a long time to be considering a purchase!

However, if he is willing to pay for all six paintings "before you ship them" and his check or money order clears your bank with no problem...maybe it is legit. There are so many scams out there now. I received one last week...sounded legit until I ask online from some other artists and they had received the same offers almost word for word!

and p.s. Masonite can get heavy. I used foamcore on both sides of watercolor paintings shipped. Never had a problem.

Last edited by CarlyHardy : 08-27-2018 at 06:04 PM.
Reply With Quote
  #12   Report Bad Post  
Old 09-03-2018, 08:42 AM
Julie's Avatar
Julie Julie is offline
New Member
Always in a state of confusion and never enough time.
 
Join Date: Jan 2001
Posts: 30
 
Hails from United States
Re: Buyer would like me to send 6 items. He will buy 3 and return the rest

It sounds like a scam to me. If you're going to do it, not only write up the purchase agreement but put a clause in there about damaged items.
Payment-- I would only accept Paypal. If you don't have Paypal, it only takes a short time to sign up.
__________________
[font=Book Antiqua]"I used to be Snow White, then I drifted!" Mae West [email protected]
Reply With Quote
  #13   Report Bad Post  
Old 09-03-2018, 10:38 AM
budigart budigart is offline
Veteran Member
 
Join Date: Nov 2008
Posts: 768
 
Re: Buyer would like me to send 6 items. He will buy 3 and return the rest

Either get him to pay for all six or send him six that you will never see again. If he pays for all six up front, don't ship until his check has cleared. Otherwise, chalk it up to having learned a lesson.
Reply With Quote

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -4. The time now is 09:01 AM.


© 2014 F+W All rights reserved.