When is an artcollector considered an art dealer instead of a consumer? This last question was brought to the attention of the District Court of Amsterdam in a matter concerning the sale of two Tang dynasty horse statues. The question is not unimportant given the fact that consumers enjoy more extensive protection when trading with a professional party.

The buyer rescinded the purchase 16 days after the event because of doubts about the origin of the statues. However, the seller claimed not to be a professional art dealer, leaving the buyer with limited options of withdrawal from the agreement. The Court, however, ruled that the seller did not act on his own behalf taking into consideration that the dealer received the statues on consignment, and the frequency with which he traded for profit. The Court ruled therefore that the buyer could withdraw from the agreement.

See the Judgement

For questions on buying and selling art, please contact Gert-Jan van den Bergh