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Maine Antique Digest, December 2016 9-A

Fragments

New York City Auction Houses Must Reveal Irrevocable Bids in Post-Sale Reporting

O

n September 9 a letter from the New

York City Department of Consumer

Affairs confirmed that New York City

auction houses must reveal irrevocable

bids in post-sale reporting.

“The New York City Department of

Consumer Affairs (DCA) writes...regard-

ing whether the sale price disclosed by an

auctioneer pursuant to Section 2 125(a)

of Title 6 of the Rules of the City of New

York (the Rules) must account for any

payment(s) made by the auctioneer in

connection with an irrevocable bid placed

on an auctioned item. As explained

below, if the individual who placed the

irrevocable bid with the auctioneer wins

the auction and is also entitled to a fixed

fee or other compensation from the auc-

tioneer as consideration for placing such

bid, the lot selling price must be reported

net any compensation paid to the irrevo-

cable bidder.

“DCA’s laws and rules governing auc-

tioneers are intended to establish a fair

and transparent auction environment for

auctioneers, auction participants, and

the general public, thereby bolstering

and protecting the integrity of the auc-

tion process. To this end, DCA regulates,

among other things, the terms of the con-

tracts that an auctioneer must provide to

a consignor; reserve pricing; the conduct

permitted at an auction; and the records

that a licensed auctioneer must maintain.

As pertinent here, Section 2 125(a) of the

Rules requires that an auctioneer keep ‘a

written record of all details of each sale,

including...description and selling price

of each lot.’

“It is our understanding that an irrevo-

cable bid, or third party guarantee, as it is

sometimes referred to, works as follows.

When an item is offered for auction, the

auctioneer may guarantee that the item

will be sold for a minimum amount. To

reduce the financial risk associated with

such guarantee, an auctioneer may solicit

an undisclosed third party to place an

irrevocable bid on the auctioned item. By

placing the irrevocable bid with the auc-

tioneer, the bidder agrees to buy the prod-

uct if no higher bid is made at the live

auction. In return for such a bid, which

is not disclosed to the public, the bidder

receives compensation from the auction-

eer, generally in the form of a flat fee or a

percentage of any proceeds above the bid

or guarantee amount.

“Based on our understanding of an irre-

vocable bid, if the party that places the

bid with the auctioneer wins the auction,

he or she must pay the hammer price,

plus the auctioneer’s buyer premium,

minus any amount owed to that party in

connection with the placing of the irre-

vocable bid. Because the fee paid to an

irrevocable bidder works effectively as a

discount on the bid, it must be disclosed

as part of the selling price of the item if

the irrevocable bidder prevails at the auc-

tion. In that way, it is no different than the

buyer’s premium, the additional amount

paid by any buyer to the auctioneer above

the hammer price for each sale. Although

theoretically separate from the hammer

price, the buyer’s premium is disclosed

because it is effectively part of the total

amount paid by the winning bidder.

“Disclosure of the selling price paid by

an irrevocable bidder to an auctioneer net

any compensation reflects the true price

paid by the bidder and promotes greater

transparency in the auction process.”

Kentucky by Design

Wins Alice Award

K

entucky by Design: The Decorative

Arts and American Culture

, edited

by Andrew Kelly and sponsored by

the Frazier History Museum, has been

named the winner of the Alice Award,

given by Furthermore Grants in Pub-

lishing. Furthermore is a program of the

J.M. Kaplan Fund and is concerned with

nonfiction book publishing related to art,

architecture, and design; cultural history;

conservation and preservation; the city;

and public issues of the day.

The Alice Award was established in

2013 by Joan Davidson, president of

Furthermore, in honor of her mother,

Alice Kaplan. Kaplan had been the vice

president of the Kaplan Fund and was a

well-known patron, scholar, and activ-

ist in the arts who urged the foundation

to support music, dance, libraries, and

the visual arts. She loved and collected

illustrated books as works of art and con-

sidered them essential documents in a

civilized society. The Alice Award is ded-

icated to recognizing and cherishing the

lasting values of a well-made illustrated

book, and the special sense of intimacy

it affords. Each year a jury of distin-

guished leaders in publishing and the arts

selects the winning Alice book from the

hundreds of eligible titles that have been

supported by Furthermore.

Kentucky by Design

celebrates the

80th anniversary of the Federal

Art Project’s (FAP) Index of

American Design. The FAP was

established at the height of the

Great Depression under Franklin

D. Roosevelt’s Works Progress

Administration. One of the aims

of this project was to collect and

record the history of American

material culture, and it culmi-

nated in the creation of the Index

of American Design. This work,

while intended for a wide audi-

ence, was never published.

Now, after 80 years, Ken-

tucky’s contributions to the Index

of American Design have been

compiled in

Kentucky by Design

.

Kelly gathered the contributions

of experts to catalog prime exam-

ples of the state’s decorative arts

that were featured in the index,

pairing the original FAP water-

colors with contemporary pho-

tographs of the same or similar

artifacts. He provides information

surrounding the history and cur-

rent location (and often the jour-

ney in between) of each piece, as well

as local or familial lore surrounding the

object. In addition to a wealth of Shaker

material, the objects featured include a

number of quilts and rugs as well as a

wide assortment of everyday items from

powder horns and candle lanterns to

glass flasks and handcrafted instruments.

An exhibition by the same name at the

Frazier History Museum is open until

February 12, 2017. For more informa-

tion, see page 22-C.

Kentucky by Design: The Decorative Arts and

American Culture

, edited by Andrew Kelly,

University Press of Kentucky, 2015, 328 pp.,

hardbound.

My next fixed-price catalog of Americana will consist of 200 examples

of historical ceramics, mostly from my own personal collection, dating

circa 1760-1860, with prices from $100 to $20,000. Monroe cup,

Jackson redware, John Quincy Adams paperweight, Jefferson canary

mug, John Dickinson creamware bowl, several Lafayette rarities, Mark

Twain bust, Cornwallis enamel box, several War of 1812 including

colored, Brooklyn Ferry platter, Zachary Taylor plate, Census jug, unique

Jefferson jug, Proscribed Patriots, Buffalo Bill creamer, Governors Brooks

and Strong pitcher, rare temperance and anti-slavery, Tilden redware mug, many Washington pieces,

Franklin parian by Ott & Brewer, Thomas Paine jug, gold miner figurine, rare Lincoln plaque, Nelson

bust, English royalty, Neal Dow platter, and much, much more.

My catalogs typically feature several hundred items, fully illustrated in color. Political and presidential,

early military, Old West, early photography, advertising, early sports, folk art, numismatics, autographs,

broadsides, textiles, paintings, weapons, Native American, and much more.

HISTORICAL

CERAMICS

Catalog subscription $15 for 4 issues

REX STARK - AMERICANA

BOX 1029, GARDNER, MASS 01440

978-630-3237

rexstark@yahoo.com kathy@seattlefolkantiques.com

206-284-4410 206-819-6670

www.seattlefolkantiques.com

Color photos and prices of this and other newly listed items can be seen on the Seattle Folk

Antiques website. Call or email for additional color photos. Call or email to be added to our

update list if you'd like to be notified of Seattle Folk Antiques’ new items.

These four 1930-1950s cat carnival knock-downs

or punks have been languishing in barn

conditions for years. Still wearing stains, dust,

debris, and a few cobwebs, they are in good

condition considering their years of assault by

baseballs. Some of the wooden bases have traces

of blue paint with hand-lettered names. The cats

are huge. The three canvas cats with red spots

measure 22½” high, on a base that’s 9½” wide by

4” deep. The yellow canvas cat in the front is 21”

high on a similar-sized base.

Calendar of Rare Canadian

Antiques

T

he Bytown Antique and Bottle Club

(BABC) of Ottawa, Ontario, Canada

has published a 2017 calendar in cele-

bration of Canada’s 150th birthday. The

32-page calendar features color photo-

graphs of rare Canadian antiques from

local Ottawa collections, some of which

have never been published before. Many

of the antiques featured in the calendar are

from Ottawa or the Ottawa Valley. All of

the antiques in the calendar are in the col-

lections of members of the BABC.

Jim Winton, president of the BABC,

said members had been looking for a way

to acknowledge Canada’s birthday when

one of the members suggested the calen-

dar idea.

The calendar is available by mail for

$20 plus postage by writing: BABC, c/o

C. Cameron, Box 57, North Gower, ON

K0A 2T0. The calendar will also be avail-

able at major antiques shows and auctions.

For more information, check the website

(www.ottawacollectors.com

).

Five Institutions Awarded

Frame Conservation Grants

by Eli Wilner & Company

E

li Wilner & Company, New York

City restorers and makers of fine art

frames, has announced the recipients of

the 2016 Museum Frame Conservation

Grant Awards.

Colby College Museum of Art, Water-

ville, Maine, was awarded a grant for the

restoration of the original frame on

Lady

Judith Maxwell

, a circa 1790 portrait by

Gilbert Stuart. The carved and gilded

frame has significant losses to the gilding,

chipped gesso, and some cracks in the

wood, especially along the sight edge at

the spandrel. These problems were likely

the result of poor storage conditions early

in the frame’s life.

Fenimore Art Museum, Cooperstown,

New York, received a grant for the res-

toration of the original frame on

Samuel

Nelson

, 1829, by Samuel F.B. Morse. In

addition to various surface and structure

problems, the water-gilded cove frame

is missing its four large carved and bur-

nished water-gilt softwood acanthus