Preston Hall Auction Gallery Sold Fake Joan Mitchell Drawing Dallas Texas

I am very happy to hear from Preston Hall because I had written and called them countless of times and had not heard back from them in over 2 years it seems.  In fact my attorney cannot get anything to them as all his letters are returned undeliverable and no telephone calls are ever return by Preston Hall

To clarify some of the observations brought by Preston Hall I like to say the following

1. The artwork that I purchased from them was not from their auction but a private sale.  I received many, many assurances from them that this artwork is from a legitimate source, an estate where many previous Joan Mitchells were sold by Preston Hall. I was even told that a previously sold drawing form the same estate as mine was accepted to Christie's auction.  Unfortunately, later I learned that this was untrue too.  When I confronted Preston Hall about this fact I could not get a straight answer.  It turns out No Joan Mitchell artwork sold by Preston Hall was ever accepted by Christie's at all.

2. I sent the artwork that I bought from Preston Hall to Sotheby's, Wright, Christie's and Phillips, and Joan Mitchell Foundation for their opinions.  I kept informing Preston Hall of my actions.   I told Preston Hall that the work was rejected by everyone of them meaning Christie’s, Phillips, Sotheby's, Wright and I received letters from Joan Mitchell Foundation in NY. stating they have no record of this drawing, the drawing looks very questionable and that the provenance I have from Preston Hall is very questionable too.

Preston Hall offered to sell this artwork on my behalf again at their auction.  I did not want that because it is wrong to sell anything if you know this is a fake.  I was truly troubled by Preston Hall’s attitude.  I told them that I would prefer a refund, more ethical thing to do.   But no way with Preston Hall.

3. I was not familiar with their terms and conditions of private sale at all.   I was never showed or did I signed any terms and conditions with Preston Hall.

In fact the terms and conditions of their auctions have severally changed after my purchase.  I noticed that as I wondered how many times Preston Hall may have been contacted with complaints about them selling fake artworks.  I noticed that a term “attributed” was now placed on every single artwork they offered for sale in their auction.  That was not the case back before I purchased this fake Joan Mitchell.

4. I was given provenance from Preston Hall about this drawing’s exhibition history.  The provenance stated that the artwork was purchased from Gallery Klober in Paris.  Joan Mitchell Foundation told me that the Gallery Kleber located on 24 Kleber Ave in Paris was no longer functioning as a gallery during the years 1959-65 that the provenance written by Preston Hall claimed.  The provenance was false.

After I told this to Preston Hall they had no problem to change the provenance to say that this drawing was purchased from a different gallery namely Jean Foumier Gallery in Paris in different year 1975-80.

5.  I am an online gallery owner and not an auctioneer at all.  I tried a virtual auction, online auction in the past and found it very difficult and not worthwhile.  I did may be 4 virtual online auctions.  My terms and conditions were reasonable. Furthermore, I would not accept questionable or highly likely fake artwork into my auction in a first place, only to create some binding terms and conditions to help to protect myself and screw the client.

6.  Yes, it is true that I spent $6550 on this fake artwork with Preston Hall, the number $10,000 refers to interests and attorney fees that I have acquired since.  You see I hired an attorney to talk with Preston Hall after they refused to communicate with me.   My attorney however cannot get any communication with them either.  It is very peculiar that now that the case is getting more public with the article in a paper coming out and this public rippoffreport.com website that Preston Hall is easily found for a response.

7.  When the FBI seized the artwork and I told Preston Hall about it, they completely cut off all communication with me.  The FBI concluded their investigation and concluded the artwork sold by Preston Hall was 100% fake Joan Mitchell.  If I had this type of evidence against me, I sure would not be acting innocent like Preston Hall does to this day.

8.  Preston Hall stated”  … had we made a purchase from Mr. Balos, I can only presume that his Terms & Conditions of Sale would have been binding upon us. And we would have understood and respected that.  This is their assumption based on their own dealing with customers. That’s Preston Hall’s projection onto me based on years of selling questionable or fake artwork and covering their bottoms.

Mr. Balos, who is also a gallery owner and auctioneer, has neglected to mention some important facts in this matter while at the same time misrepresenting others.

As an auctioneer, Mr. Balos knows that every auction house has what are called Terms & Conditions of Sale. These are the company’s policies and procedures, and anyone who makes a purchase from the company must acknowledge having read and agreed to these Terms & Conditions. They govern all of our transactions, both auctions and private sales.

Our Terms & Conditions of Sale are not difficult to locate. They are on our website. Reading them only takes a few minutes. If you do not understand something about our policies or if you don’t like them, you may ask us to clarify a point for you or you may simply choose not to make a purchase from us. The choice is the buyer’s. But once you have made a purchase from us, you are bound by them. They become part of your contract with us.

Since Mr. Balos owns an art gallery and is a fine arts auctioneer, he understands Terms & Conditions of Sale: what they are and what they mean. His own auction company’s Terms & Conditions begin as follows:

“Each lot in this catalogue is offered subject to the following Terms and Conditions of Sale, as supplemented in writing or otherwise by us at any time prior to the sale. By registering to bid at the auction, or by placing a bid through any means, you agree to be bound by these Terms and Conditions of Sale.”

They continue:

“Any statements made in this catalogue…, whether orally or in writing, are intended as statements of opinion only, are not to be relied upon as statements of fact and do not constitute representations or warranties of any kind.”

So Mr. Balos, being an auctioneer himself, knew full well when he made a purchase from us, that he was bound by our Terms & Conditions of Sale, in the same way that his customers are bound by his Terms & Conditions of Sale. For private sales, those governed by our Terms & Conditions of Sale as posted on our website, we state:

“The auction and all private sales are conducted pursuant to these Terms and Conditions of Sale (“Terms and Conditions”) as well as any applicable federal, state and local laws. By registering and bidding in an auction conducted by Preston Hall, bidders agree to be bound by these Terms and Conditions.”

We also state in our Terms & Conditions of Sale, just as Mr. Balos himself states in his Terms & Conditions of Sale, that the statements we make regarding an item that we are selling are statements of opinion. It was our opinion, based on information we had at the time, that the artwork Mr. Balos purchased was correctly represented.

Mr. Balos purchased the artwork in question in September 2013. It was not until several months had passed that he became disgruntled and wanted a refund. We told him that we would be happy to resell the work for him on consignment or at auction but that his return period had already lapsed. Mr. Balos knew this because it was clearly stated in our Terms & Conditions of Sale.

Mr. Balos misrepresents the fact that he is “out $10,000.” Again, our Terms & Conditions of Sale, like those of other auction houses, limit our liability to the purchase price paid ($6,550) and not to any other additional fees or expenses that Mr. Balos chose to incur on his own behalf.

When Preston Hall Gallery was contacted by the FBI regarding consignments and sales of artworks by Joan Mitchell, we and our attorneys respectfully complied with their requests. We provided the information that they asked for and we have heard nothing further since 2015.

In summation, Preston Hall Gallery has operated since 2011. We work hard to satisfy our clients. In this day and age it is seemingly impossible to satisfy everyone at all times. Terms & Conditions of Sale exist to clarify our business protocols and to help buyers and sellers understand their rights and responsibilities. No one is exempt, including Mr. Balos. Had the proverbial shoe been on the other foot, and had we made a purchase from Mr. Balos, I can only presume that his Terms & Conditions of Sale would have been binding upon us. And we would have understood and respected that.