PDA

View Full Version : Gallery horror stories!



Robert McGowen
01-13-2012, 5:53 PM
There always seems to be the "How to get in a gallery?" threads and the different commission rate threads, etc., etc. almost every week. Getting INTO a gallery does not really mean that the battle is over. There are still a lot of things that can go wrong. So just to shed a different light on things for people trying to get into a gallery, how many of you have had a problem with a gallery?


My example: This just got settled for me a couple of days ago. I had quite a bit of work in a really nice gallery that has been in business for years. They had even done a private show for me a couple of years ago and the gallery owner had purchased a piece during the show. Fast forward a few years. I had not heard anything from them for a few months and went to the gallery to see how things were going. I had quite a few items that were not displayed and asked about them. I found out that 2 vases had been sold the month before and 3 had been sold that month. The OWNER then told me that he was having trouble paying his rent on the gallery due to the economy and that he could not pay me for the vases because he had used the proceeds from the sale to pay his rent. I pretty much explained to him what I thought about that, immediately picked up all of my remaining work, and left with it right then. A few months of phone calls passed with no payment, so after Christmas I went to the gallery, as I would think that that would be the best time for them to have made a profit. They were having a moving sale with 20% off everything in the gallery if you paid CASH. There was no indication at all where they were MOVING to on any of the sale signs. BIG RED FLAG! I spoke to the bookkeeper right then, explained to her what the Texas theft statutes stated, told her I would make sure she was in the middle of things, asked her if she was sure she didn't want to pay me, and suddenly a miracle occurred and I got paid right then.

I guess that means I sold 5 vases this week? :eek:


One other thing I found is that some places will remove your work from display in December and not show it again until later in the next year. Something about paying taxes on end-of-the-year inventory. :(


Anyone else..............

Tom Winship
01-13-2012, 6:03 PM
In Texas, wearing that sidearm makes a difference doesn't it Robert? Can't believe people do that. My wife had some antiquest on consignment in a store here in College Station that "disappeared". Ours was probably not worth the effort of a lawyer. Yours were. Thanks that you got the money.

Robert McGowen
01-13-2012, 6:14 PM
In Texas, wearing that sidearm makes a difference doesn't it Robert?

Tom, It would certainly be unethical on my part to even hint along those lines (even though I have retired from law enforcement!), but it wasn't like she thought I was bluffing either........... :cool:

Bernie Weishapl
01-13-2012, 6:31 PM
Robert had the same problem at a craft store that wanted some of my items. She sold several pieces but it is the same story different city. So a couple of months later and several visits still no payment. So I had turned a vase for my lawyers wife. When I delivered it the story came up. He said let me see what I can do. So a week later he called and said come get your cash. I had already cleared out my other things that she had. She didn't want to go to court because if she lost it was going to cost her a lot more and besides he told her he was prepared to also slap a lien on her place. Funny thing is he told her that cash was the only thing acceptable. Anyway it did work out ok for me and glad it worked out for you.

Greg Just
01-13-2012, 8:42 PM
You also need to be careful of the stores that won't cover damage or theft of your items. If you are not there all the time, how would you know if a piece was really stolen?

Dan Hintz
01-13-2012, 11:09 PM
One other thing I found is that some places will remove your work from display in December and not show it again until later in the next year. Something about paying taxes on end-of-the-year inventory. :(
Doubtful that would work... the IRS doesn't see any difference between products on display in the front window and those sitting on a shelf in the back room. Stock is stock.

Micah Dean
01-14-2012, 7:38 AM
I'm glad other's "horror stories" had happy endings...here's mine, minus the happy ending (yet): A fancy "wine & cheese" store opened nearby me this spring, and I arranged to sell my bowls, platters, stoppers, etc. there on consignment. They gave me a bunch of display space in a big picture window along the street, and I ended up selling really well for the first few months. Since my work was selling so well, I decided to bring all my inventory there for the summer. Then one morning in September, as I was sitting at my computer drinking coffee, I checked our local newspaper's website...the top story was that the new wine & cheese story was currently on fire! By the time I drove by, they had put the fire out...but the store (and everything inside) was burnt to the ground. Apparently, someone in the apartment above the store fell asleep on a couch with a cigarette in their mouth (fortunately, no one was hurt in the blaze). Since this was my first gallery experience, I didn't have any sort of insurance policy that covered my work there on consignment. The owner's insurance policy was supposed to cover my stuff, but in the end it didn't work out (apparently they didn't "check that box" when they got their policy). Now whenever I drive by the charred hole in the ground where the store used to be, I get a sinking feeling in my stomach that reminds me of all the time I spent creating the work that was lost. So, I guess this isn't a story of some gallery owner taking advantage of me...just a cautionary tale of bad luck!

John Keeton
01-14-2012, 7:42 AM
As to the inventory question, consigned goods are not a part of inventory for bookkeeping purposes, and normally would not be subject to ad valorem taxes. .

As for how to handle the situation,there would be no discussion with anyone if this happened to me. That is theft, pure and simple, and I would immediately prosecute them. I don't take kindly to thieves!!!

Dave Ogren
01-14-2012, 12:48 PM
When ever I put my turnings into a gallery or store I use a Consignment Contract. I have been told that it is the best they have ever seen. I am quite sure that I got it off of this forum a couple of years ago.

Good Luck,

Dave

Robert McGowen
01-14-2012, 1:00 PM
When ever I put my turnings into a gallery or store I use a Consignment Contract.

I had a contract that was good up until the point that the owner said that he wasn't going to pay me!

Dan Hintz
01-14-2012, 2:55 PM
As to the inventory question, consigned goods are not a part of inventory for bookkeeping purposes, and normally would not be subject to ad valorem taxes.
Then it serves no purpose to remove the items from display, correct?