Authenticity disputes

Every authenticity dispute rests on three questions: what did the seller promise (warranty, catalogue description, certificate), what does the appraisal prove, and what follows from it (annulment, price reduction, damages). The tribunal examines them in that order.

The answer depends a great deal on the applicable law and the terms of the contract. A mention of "attributed to" does not bind in the way "by the hand of" does.

A work certified by OIMAP has a detailed appraisal file, which is an important item of evidence. The tribunal may consult it with the parties' agreement. It does not, however, regard it as conclusive: certification is an expert opinion at a given time.

Challenges to a certification decision follow a particular route, that of an appeal to the TAO after review. They do not call the seller's liability into question, but the regularity of the procedure.

The arbitrator may declare the sale void, with return of the price against return of the work, or order a price reduction if authenticity is doubtful but not excluded. The arbitrator may also award damages or dismiss the claim if the buyer does not prove the allegation.

In 38% of cases, a mediation or agreement occurs during the proceedings, often after the appraisal report is filed.

Most authenticity disputes could be avoided by a precise catalogue description, a prior appraisal and a clear contract. Buyers are well advised to demand the warranty of authenticity and to check provenance. Sellers gain by documenting the work.

OIMAP certification offers this security: it documents the work, its analyses and its history. See the Certification section for the procedure.