Apollo Gallery Dublin Art and Business Ethics
May 13, 2007
Some time ago I decided to sell a picture I owned to someone I knew. They gave me a small deposit and to make a long story short that was the last I saw of it. Until that is I saw it in the window of The Apollo Gallery in Dawson Street in Dublin. I went in to the gallery and explained that a couple of week previously it had been on my wall and asked who gave it to them. I further identified the picture by telling them what was written on the reverse. The picture was a pencil portrait of General Owen O’Duffy by the irish artist Sean Keating. I left the shop within perhaps a minute and was not in any way argumentative but just mentioned the above facts.
It was in their window for quite a long while with a price tag of several thousand euros but just recently it has gone from there so I assume they have sold it. As you can imagine I am not very happy about any of this. The picture had been in my possession for many years before it was stolen ( and in spite of the circumstances it was actually stolen) and I was hoping they would just return it but I heard nothing from them since that one day I went into their gallery shop.
The normal ethical thing for the shop to have done would have been to simply return it. Let me explain. Very few people have any proof that an item which was stolen from them was ever in fact their property. And even if they had a receipt this does not prove anything as of course they may have sold the item at some point. So if you have something stolen from you you cannot actually prove that it has been stolen in the first place. But if it has been robbed by a common criminal then that person has to satisfy the police that it is his and if he does not or can not explain where he got it from then he can be charged and you can have your property returned. So far it’s simple. But what if your property is either sold to an auction room , art gallery or second hand shop either directly or indirectly.
Such businesses may or may not have receipts but most important they have a legal reason to have , let say in the case of an art gallery shop, x number of paintings at any given time. So if you find something that was stolen from you turn up in a shop window you are in a very vulnerable position. Thousands of items of stolen property are sold in these kind of place and while they may do all they can to check that these items are legally obtained there is a limit to what they can do. And as I said very often you cannot prove that the item was yours in the first place.
The solution to this is quite simple. A reputable shop or business will just return the property. You might think that this leaves these people open to being fleeced big time but this is not so. The reality is that most people are honest. But there are of course the ‘con’ men but usually these people will have been involved in this kind of thing or some kind of criminal activity before so it’s quite easy to check this out. As for those who might not be known to the police suffice to say that it is not too difficult to figure out who you are dealing with once you are so to speak on your guard. In my case for instance this gallery could have asked the police who I was and they would very soon have reported back that at sixty years of age I had no criminal record and was quite well known in the secondhand business and had been selling and buying works of art for years with no complaint from anyone. And then they could just have returned my property. It must be noted here that all business of this sort budget for this as there ultimatly is no way to avoid buying or selling something that was not legally yours to sell in the first place. This then is the actual reality of how this kind of thing is dealt with on a day to day basis by reputable businesses. But of course a business does not have to do this. It can , and some do , just shrug it’s shoulders and say nothing and put the money in their pocket in the knowledge that there is after all nothing you can do about it.
In the case of my picture I was able as I have said to say what was written on the reverse inside the frame. Also I could explain where I had got it as it had been purchased from a well know reputable Dublin auction firm and there would have been a record of the sale.
What all this means is that if you have a picture stolen or taken illegally from you and it turns up in The Apollo Gallery then it’s just your bad luck as there is no chance that they will do as any reputable business would do and return it. And keep in mind that very few thieves steal for their own personal use but do so in order to sell the item on and every or just about every work of art that gets stolen is sold on the open market soon after.
I have no reason to believe that The Apollo Gallery deal in stolen property and have not implied , nor do I wish to imply that they do in any way. But I do say and say it openly, that their general ethic leaves much to be desired. Theft is a legal concept but honorable people are prepared to go beyond this and where possible do the right thing. The alternative to this is to say , “I have not broken the law so it’s just your hard luck”. Most people thankfully do not take this attitude.
April 11, 2008 at 4:01 am
I had an unerving experience when dealing with the Appolo gallery. I was browsing in the shop about a year ago and I could not help but overhear an animated conversation going on at the rear of the shop. An old man, about 70 and a younger man say 35, representing the gallery were engaged with a young couple of about 30. The man was arguing that the Louis Le Brocquay print they had bought was not an original. He said that he was in the printing business himself and that he could tell the difference between a print and a copy, and he said that it had been disowned by the Le Brocquays. The younger man from the gallery seemed to be on the phone to Louis Le Brocquay’s son or agent and the impression was that the gallery was getting little or no support from that quarter. I do not know how the dispute ended, it was so animated that to stay in the shop was to be seen to eavesdrop, and I left. The experience certainly did not encourage me to place my trust in the Appolo.
April 11, 2008 at 4:08 am
Sorry,
That should have read Apollo and Le Brocquy.
October 12, 2009 at 7:55 am
a few years ago I paid the Apollo a deposit upon a fine oil painting by a notable Dublin Artist. I paid the balance by making cash payments each month until the full price was paid. On going in with the final cash payment and looking forward to collecting the painting I found that they had sold it to someone else!
December 27, 2010 at 3:47 pm
Disturbing !! 5 years ago Aollo Gallery had an offer on certain paintings by certain arists.The deal is that if the painting is returned after five years ,between the 1st and the 31 st December ,that they would double the price of the original purchase .My daugheter decided to avail of the offer . She is now being told that the painting has to be returned and that they will give her a ost dated cheque (Dec 2011) This was not what the contract stated . The only reponse we get from the “Director” in Apollo ,is ,”Thats What we do ”
We are not sure what to do !!!
March 24, 2011 at 2:17 pm
I am in a similar position to your daughter. I too bought a painting from the gallery on similar terms and, notwithstanding the fact that I delivered the painting to them in the manner required by the contract, they have not yet paid the contract price. They also told me that a post dated cheque would issue in January 2011. I have still not received this cheque. I would be very interested to hear if there are other parties out there with similar complaints.
November 28, 2011 at 3:07 pm
My daughter fell for the same scam. We have been told about the post dated cheque as well. We’re going in on the 1st dec.2011 to see what he says. I have no intention of returning the paintings for a worthless post dated cheque. Did you eventually get your cheque.
November 28, 2011 at 3:09 pm
My daughter is in a similar situation. What did you do in the end. Her contract comes up on 1st dec.2011
November 28, 2011 at 7:24 pm
Jo. After a lot of effort and chasing I finally got a cheque for the full amount but only after engaging solicitors. If you want to give me a means of contacting you I am happy to chat through my experiences with you. My experience with the gallery this time around led me to believe that their aim is to make things as difficult as possible for you in the hope that you won’t persist with the claim.
November 29, 2011 at 11:20 am
hey Philip, I would love to chat to you about your experience with apollo gallery. My mobile is 0874147895, unfortunately I do not have a land line.
December 5, 2011 at 10:52 am
Hi Philip,
I’m due to drop in my painting this week as well. Would you have few minutes to discuss with me. Im at 0868586333 or 016095492, or ed@o2.ie
My friend got done last year with the post dated cheque issue, so I want to go in prepared for the worst!
Cheers.
December 5, 2011 at 6:36 pm
hey Ed, here’s my story. Sometime before 1st December, due date on the contract for return of the paintings, I rang the gallery to ask what the protocol was and I was told just turn up with the pics and they would give me a post dated cheque. I decided that was not on so I went into the gallery and asked them to put it in writing that they were going to give me a post dated cheque. They refused and the alarm bells went off in my head. I then went in on the 1st of December with the paintings and they told me to come back on the 27th. The whole ‘we’ll give you a post dated cheque’ thing has gone out the window. I don’t think they have any intention of honouring their contract and I’m almost sure they are just going to do a runner. What we can do is beyond me ’cause you can’t get blood out of a stone and as they are a limited company I’m not sure you can get any money out of them if they fold owing thousands. I’m just so angry . Let’s know how you got on and good luck.
December 5, 2011 at 7:53 pm
Thanks Jo,
Did you happen to get the name of the solicitor which Philip used to successfully (albeit after 5 months) get his money back.
I need to know what I should be doing immediately, i.e. not returning the painting, sending a registered letter asap etc.
Philip, do you still have the solicitors details?
December 6, 2011 at 2:05 pm
Hi all,
as an update, I spoke to Hugh in Apollo today. He refuses to accept any paintings until December 27th. Following that he claims that a cheque will be sent out in January which will be post dated by 12 months until end December 2012.
I would see this as clearly in conflict with the signed contract between both parties.
To that end, I’d in be interested in any and all people being hit by this scam to come together so we can follow a legal method of recouping our monies.
Jo/Philip I’d be extremely interested in finding out the name of the solicitor which Philip used to successfully get his money back.
In the mean time, I will be sending a registered letter to state my concerns with the breach of contract and take it from there.
regards
Ed