That's right, counterfeits in the art market are by no means few and far
between,
just as counterfeits are present in every other commodity market, from
consumer
products and services to elite, sophisticated ones.
The amount of forgery in the art market increases as the financial stakes
increase, i.e. as the market value of some of the artists increases, but
this
does not turn the art market into a market of the informed that excludes the
uninformed from trading, any more than playing the stock market requires a
university degree in economics, but reading audited reports or seeking
expert
advice.
The
safest purchase
- The purchase is carried out through an authorized purchasing channel,
which
issues a written guarantee of authenticity without time limit
- Such a channel is usually an auction house or an authorized gallery,
which,
beyond the more or less coherent organization of the commercial
approach,
have the obligation to filter professionalism, consisting in contracting
at
least one "specialist adviser", having the capacity of expert certified
by
the Ministry of Culture, who verifies the quality of the objects
received on
consignment and put up for sale, having the obligation to refer to the
Ministry of Culture the sale of objects likely to be classified in the
categories of national movable cultural heritage.
- Auction houses do not usually limit themselves to one specialist advisor
and
have a permanent committee made up of several experts certified by the
Ministry of Culture, depending on the diversity of objects offered for
sale
by the house, and sometimes this formula is maximized by contracting, by
some auction houses and some heritage galleries, a number of expert
consultants, each specializing in an important author or artistic
movement.
- When a renowned and traditional auction house or heritage gallery
guarantees
authenticity by a written document, the level of security in the
purchase is
among the highest
- The written act of guarantee of authenticity, without time limit, may be
a
certificate of guarantee of authenticity (without time limit), signed by
a
representative of the house or gallery, including a certificate of sale
(the
documentary instrument of sale to which the law on the circulation of
movable cultural property obliges), containing a clause guaranteeing
authenticity without time limit
- Do not confuse the act of guaranteeing authenticity with the situation
where
the auction house or gallery does not guarantee authenticity (or
guarantees
it for a very short period, such as a period similar to the payment
period),
but adds the sale documentation (invoice, whether or not accompanied by
the
certificate of sale, without a clause guaranteeing authenticity) an
expert's
certificate or report issued by an expert certified by the Ministry of
Culture - in which case, if the object is not authentic, only the
natural
person issuing the certificate / report is financially liable, and not
the
auction house or the selling gallery.
Purchase
with limited level of safety
- The purchase is made through an authorized purchasing channel, such as
an
authorized auction house or gallery, which uses the input of the
"specialist
adviser", i.e. experts certified by the Ministry of Culture and National
Heritage, in the process of putting up for sale, but does not guarantee
authenticity, expressly and without time limit
- This generic case, most common among auction houses and heritage art
galleries, requires a certificate of sale (a document required by the
law on
the circulation of movable cultural property, summarizing the parties to
the
sale and describing the object of the sale)
- Sometimes the rules of the auction houses provide for the guarantee of
authenticity for a very short period, between 2 weeks and one month
calculated from the date of the auction (and not from the date of
payment by
the buyer), which is practically the deadline by which the trader has to
pay
the depositor of the goods sold (this deadline coincides, in its short
version, with the deadline by which the buyer has to pay the auctioned
object), so in practice the auction house does not take responsibility
for
the quality of the object auctioned, paid and taken over by the buyer.
- Sometimes the auction house or heritage gallery, although not personally
guaranteeing authenticity, attaches to the sale an expert's certificate
or
report issued by an expert certified by the Ministry of Culture - in
which
case, if the object is not authentic, only the financial liability of
the
expert natural person issuing the certificate / report is incurred
Unsafe
purchase
- The purchase is made from an unauthorized seller, who does not guarantee
in
writing the authenticity of the object sold, as a rule, with small
exceptions is the situation of the heritage dealer without a gallery or
shop, but also the situation of the purchase from an antique fair
(bric-a-brac, flea market, etc.).
- Although it is not uncommon for these dealers to be extremely
experienced
and competent, they are practically unauthorized and unregistered for
tax
purposes and cannot guarantee in writing the authenticity of the items
sold.
- There is also the variation where, for important lots, they provide the
buyer with an expert's certificate / report issued by an expert
certified by
the Ministry of Culture with whom the dealers collaborate, but this only
entails the financial liability of the expert, not that of the selling
dealer.
- It is no less true that sometimes, although unauthorized and
unregistered,
established dealers end up enjoying good professional reputations, which
they are keen to maintain by promptly returning the money of the buyer
who
claims, relying on the written or verbal opinion of a specialized
expert,
that the object purchased is not original.
- In this situation a compromise solution would be to contact a
specialized
expert to analyse the object and issue a certificate / expert report /
authenticity report.
The establishment of the
falsehood of an object can be done by:
-
An expert's certificate / report issued by an accredited expert
specializing
in the author of the item / relevant artistic trend
-
Experts certified by the Ministry of Culture are listed at: Register of
Experts for Mobile National Cultural Heritage
-
Contacting AEEAR - Association of Art Experts and Appraisers in Romania,
to
assign the expertise work to an expert specializing in the author of the
item / relevant artistic trend, who will issue an expert certificate /
report
The most representative
remedies
in case you purchased a counterfeit item:
-
Contact AEEAR - Association of Art Experts and Appraisers in Romania, to
further refer the matter to the competent investigative body
-
Direct complaint to the Criminal Investigation Directorate of the
General
Inspectorate of Police whose contact details can be found at the
Criminal
Investigation Directorate