Word: artful
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Dates: during 1980-1989
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...auction practice that has attracted the most criticism lately -- and goes to the heart of the nature of auctions themselves and the ethics of the trade -- is giving guarantees to the seller of a work of art and loans to the buyer. If X has a work of art that auctioneer Y wants to sell, Y can issue a "guarantee" that X will get, say, $5 million from the sale. If the work does not make $5 million, X still gets his check, but the work remains with the auction house for later sale. Guarantees are a strong inducement...
Aponte's version is different. Consumer affairs found "gross irregularities" in art auction houses, he says. Chandelier bidding amounted to "an industry practice, both above and below the reserve." (A chandelier bid above the reserve violates present rules.) Aponte was also concerned about the practices of not announcing buy-ins and of keeping reserves secret. The auction houses held that if bidders knew what the reserve on a lot was, it would chill the market. Art dealers, lobbying the agency, maintained that the reserve should be disclosed and that bidding should start...
Because the auction houses trade in volume and compete intensively for material, they can sometimes be an unwitting conduit for fakes, particularly in ill-documented but now increasingly expensive areas of art. Few forgers would be dumb enough to try to send a fake Manet, let alone a forgery of a living artist like Jasper Johns, through Sotheby's or Christie's. But where fakes abound, some will inevitably turn up at auction; and where millions of dollars abound, fakes will breed...
Such events remind one that the art market in general, including the auction business, is not a profession. It is a trade, a worldwide industry whose gross turnover may be as high as $50 billion a year. Like other trades, it contains a large moral spectrum between dedicated, wholly honest people and flat-out crooks. It has never earned the right to be considered either self-policing or self-correcting. It needs regulation, but consumer affairs -- overburdened with the million complaints about small and large business violations that arise in New York, which it was created to deal with...
...there a case for setting up an independent regulator -- an art- industry Securities and Exchange Commission? Not before hell freezes over, say the auction houses (although Christie's may be wavering a little on the point, since it has no guarantee and loan system to defend). Probably not, say many dealers. But others think the idea is worth serious thought, though none believe it likely to happen while Washington still clings to the conservative catchword of deregulation. Besides, says Eugene Thaw, the doyen of U.S. private dealers, Sotheby's in particular may have enough political clout in New York...