A Visit with Scotland Yard

Fortunately, I wasn't under arrest when my fellow appraiser Ellen Epstein and I spent the morning in Scotland Yard last week.  We were in London for the Arts and Antiques PG Board Meeting, for the Royal Institute of Chartered Surveyors (RICS) and were visiting Scotland Yard on official appraisal business. 

At Scotland Yard my colleague from RICS and I, met Detective Sergeant Claire Hutcheon, head of the “Organized and Economic Crime Command – Art & Antiques Unit.” Detective Hutcheon, an attractive woman who has worked for Scotland Yard for more than 14 years, discussed with us some of the experiences she had had in her career; but like much of police work un-publishable until the perpetrator is behind bars.

However, as representatives of RICS Personal Property/Art & Antiques Committee we were specifically interested in the professional standards for valuers (appraisers) in London. For example: what does it take to be taken seriously by the police if asked to value stolen or missing works of art?  Compared to the USA, Europe’s requirements for appraisers are far below those of US practitioners, something that is readily admitted by everyone in the London art world. In some countries there are no discernible standards at all. However, Detective Hutcheon mentioned that England and France were working towards an agreement that would raise the level of professional standards.

Change seems to be in the air. Those with whom we spoke – police, attorneys, non-profit organizations, and representatives of professional entities, stated that they hope for a tightening of the rules governing appraisals by independent appraisers.  We were told that at the moment, the only due diligence generally performed is through the Art Loss Register, which affirms whether a work has been stolen. 

View from the roof of the RICS building in Parliament Square

View from the roof of the RICS building in Parliament Square

It is anticipated that this will change with the implementation of The Red Book, which would be an international source of regulations and standards for appraisers worldwide. This document would help to unify standards globally, whether dealing with real estate or fine art.  Even now regulations are being standardized internationally, as are the ethical rules imposed on all practitioners.  It may not be long before The Red Book becomes required reading for those internationally who have any participation in the world of art.

There are well over 160,000 RICS members worldwide and growing.  At the moment there are relatively few practitioners in America, but the world is opening up and I can see a future where there are singular and stringent regulations regarding good business practice in all nations. Sort of a One World concept, but not altogether so bad a thought.

Written by Elin Lake-Ewald

Appraisal or Estimate? Why Free Is Not Always Better

I spoke with someone recently who told me how they got all their appraisals for “free” at auction houses. What they got were not really appraisals but estimates of value.

An estimate by an auction house will likely only reflect what the auction house believes the seller will receive at auction. These sorts of “appraisals” are not good for insurance purposes and are not viable in court. Most art insurance policies rely on the retail replacement value, meaning the compensation would be for the retail value  of an artwork, as opposed to the price at auction (which is usually lower than a retail value).

This article is by no means knocking auction houses, which have amazing experts and specialists, but it is important to understand that an auction house’s primary job is to sell art, and offering a free estimate is one way to draw in business.

If you go to an auction house and are not serious about selling with them but merely attaining a value this is probably not the best option for you. Although auction houses have a considerable amount of information at their disposal, they rarely have time to conduct extensive research into an artwork that is not being consigned to them. A free estimate is not necessarily giving your artwork the time and attention it deserves.

The case of Ravenna v. Christie's in 2001 is a good example of relying too heavily on a free estimate. Guido Ravenna sued Christie’s as a result of his wife’s meeting with an Old Master Specialist at Christie’s in New York after she was given mistaken information about the provenance of the painting. The Old Master’s specialist, after only seeing photographs of the work during their short meeting, valued it at between $10,000 to $15,000, as he thought it appeared to be the work of minor 17th Century Italian painter, Nuvolone. Ravenna, then sold the work for $40,000 to a dealer who only months later consigned the work to Christie’s. 

The Lamentation, by Ludovico Carracci

The Lamentation, by Ludovico Carracci

This is where it gets a little sticky. After the painting was examined again, it was determined to be a work not by Nuvolone but rather by Italian Baroque painter Ludovico Carracci, who is far more significant. The Lamentation, as it was renamed, was sold at auction in 2000 for $5,227,500 to the Metropolitan Museum of Art where it now resides. Ouch.

Heritage Auctions does a good job of explaining how auction house appraisals/estimates work:

“Usually, the request for an "appraisal" actually refers just to an evaluation for the potential value of an item through auction or private sale… Heritage regularly provides quick and free evaluations of the current market value of art or collectibles. This is in the form of a verbal or written auction estimate — the range of value that one would expect to see the item sell for in today's auction market. This valuation is not intended for use as a formal appraisal or for any purposes of establishing a value for insurance, tax, estate planning, collateral or third party transactions.” (Heritage Auctions - Defining Appraisals)

If you want to divest an artwork quickly, auction houses are the way to go. But if you are serious about finding out about the value of something you own, make sure you get an authentic written appraisal from a USPAP certified appraiser.

 

Copyright and Authentication

For the past couple of months there have been premonitory signals rumbling throughout that non-crystalline solid we loosely call the Art World that has ignited fear alike in scholars, dealers, consultants, collectors, artists and appraisers, a somewhat disparate cluster.

That Janus-headed fear on one side is Authentication and on the other Copyright, and is scaring the ego out of any number of those in the trade, and I use that word to encompass anyone who, either through fame or fortune, occupies the greater part of his/her time laboring in the field of art.

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The above is an excerpt from an article by Elin Lake-Ewald, Ph.D, ASA, RICS, April 2012.

To read the complete article please click here:

Viewpoint April 2012: Copyright and Authentication