The Regional Court of Dusseldorf has found that an art dealer has sold a forged artwork of the acclaimed artist Günther Uecker. The decision also sheds light on art dealers’ duty of care.
Günther Uecker is best known for his use of nails in sculptural artworks. He belonged to the famous artist movement Zero (German: “Künstlergruppe Zero”), alongside Heinz Mack and Otto Piene. The artists strove for a new beginning, a "zero hour" for post-war art, and founded the movement in 1958.
One of Uecker’s works is now at the heart of a trial in Dusseldorf: an art dealer had sold the artwork “Sandbild 1986 auf Büttenpapier” for 15,000 Euro to a private person. The buyer made a down payment of 7,500 Euro. She then however noticed that the artwork was forged and claimed a refund of the payment. The art dealer insists that the artwork is not forged.
In a court hearing Günther Uecker confirmed that he didn’t create the artwork. He said that he sees the artwork for the first time and that the signature isn’t his either. The court held that the art dealer should have carefully checked the authenticity of the painting before selling it (File: 3 O 19/19). The court concluded that the art dealer must refund the payment to the buyer. The art dealer may appeal against the decision.
The decision thus specifies art dealers’ and galleries’ duty of care when evaluating the authenticity of artworks. Art dealers should consider getting experts’ opinions before selling an artwork, in particular in cases of artworks with unclear origin.
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