What to do...

[kristina]

Here’s the question: What do I do with the five paintings (painted by my former significant other) that are hanging in the shop where I work? We need to take them down as we’ll be needing the wall space for some new sample display space.

The artist and I split up about three years ago, and he made it fairly clear that he did not want to stay in touch. I have seen him once since the split, when he came in to take out a painting and replace it with another (he’d sold the one he was taking out).

I’ve tried to call him about this, and was unable to leave voice mail at either number. He is not online (at least he wasn’t three years ago, and I doubt that has changed).

I don’t know where he’s living; he got evicted from the place we had shared about a year after I moved out. I heard from one of the neighbors that he'd moved in with his mother, and that it hadn't lasted long.

The paintings will be coming down. I’m interested to know what you might do in this situation. One friend suggested selling the paintings and keeping the money (not happening). Another suggested donating them to a local hospital or nursing home.

Do I send a letter care of his mother? Contact one or the other of the sisters via Facebook? Wrap the paintings up and dump ‘em in the back of the shop?

I want to do the right thing, but I'm not really sure how much work I want to put into this.

[Joe Guy]

You don't have any obligation in this situation. They are abandoned. Give them away or wrap them and dump them anywhere you see fit.

[Big RR]

I'm not sure Joe; kristina--were you displaying them for sale or perhaps on consignment, or did you just hang them because he was your boyfriend. How you accepted them and what the understanding was may have a significant factor in what your responsibility is. If it were me and you cannot locate him, I'd contact his mother and ask her to forward a letter to him. In the letter I'd give hi a reasonable time to retrieve the paintings or arrange to have them sent elsewhere, and then place them somewhere where you can retrieve them.

Not knowing where you are, I cannot say what your legal obligations might be, but it does sound like these paintings may well have some value (as he sold one) and I would not toss them away without at least making a reasonable effort to contact him. Don't put a lot of work into it, but make some effort to return them.

[kristina]

Thanks, guys!

I suppose the paintings are technically for sale, but there's never been any kind of formal agreement between the shop owner and my ex; we just brought the paintings in and hung 'em up, with a sign saying "Paintings by Grumpy, tel:123-456-7890".

FWIW, he has paintings in a cafe in San Francisco that have been there for 30 years or more; the shop where I work is in Sonoma County, CA.

[Joe Guy]

Just for insurance, create a list of charges for rental of your wall space to hang personal paintings in case Grumpy decides you owe him money. Then maybe he will end up owing you money if he tries to take you to court.

As you can probably see, I have no legal background and nobody should ever take my advice but I do have a defense for just about anything.

[Burning Petard]

Kristina, I think you want to do the 'right' thing, not just the legal minimum. Good on you. If you can contact his mother, tell her your desire to return them. If you can't get a response, offer them to some local charity that might be able to sell them. I hate to see any art work just go to the dumpster.

snailgate.

[Lord Jim]

One friend suggested selling the paintings and keeping the money (not happening).

Well. there goes my suggestion...

Beyond that, some additional thoughts:

Another suggested donating them to a local hospital or nursing home.

That doesn't sound like a bad idea...(Or possibly selling them, and if you're not comfortable keeping the money, donating it to a worthy charity...or sending the proceeds in a check to his mother, and letting her decide what to do with the money...)

Big RR makes some good points...(especially if this fellow is the vindictive type)

You've made a good faith effort to to contact him, (by calling him) but you don't have a "paper trail" (letters or emails) to demonstrate it...

Perhaps the most prudent course would be to reach out to both his mother and his sisters, (and documenting these efforts) wait a reasonable time for a response, (say a couple of months) and then proceeding. (In the meantime, just store them out of the way.)

The paintings may have value, but there are also laws covering property abandonment, and he's also been receiving "value" by having his work on display for years at no charge...

[kristina]

Just for insurance, create a list of charges for rental of your wall space to hang personal paintings in case Grumpy decides you owe him money. Then maybe he will end up owing you money if he tries to take you to court.

As you can probably see, I have no legal background and nobody should ever take my advice but I do have a defense for just about anything.

That had crossed my mind. Too much work, however, and it would feed the grumpy beast part of Grumpy.

[Lord Jim]

create a list of charges for rental of your wall space to hang personal paintings in case Grumpy decides you owe him money. Then maybe he will end up owing you money if he tries to take you to court.

he's also been receiving "value" by having his work on display for years at no charge...

I cross posted with Joe on this point...

Worst-case scenario minds think alike...

[rubato]

I think you need to make a reasonable effort to get his pictures back to him. But what that requires is a little vague. If I recall there is a legal standard called a 'bailment' which might obtain in this case.

Maybe you can dump them at his mother's address?

yrs,
rubato

[RayThom]

Another suggested donating them to a local hospital or nursing home."

With this caveat -- tell the donee institution who the artist is (and also tell his mother where they can be found.) If the old SOb wants the paintings back, have him match his ID with what you left when you unloaded them. At that point he gets them back.

Now, if the donee wants to make an issue as to ownership the onus now rests on those parties, not you.

So you know, I have plenty of blank wall space and I'm always looking for original artwork to hang. I have no specific genre in mind -- it's all good to me. PM me and I'll pay for S&H.

[Long Run]

You could make a difficult situation worse:

[kristina]

You could make a difficult situation worse:

[kristina]

Update: I tried Grumpy's land line again this morning, and he answered.

kristina: Hi Grumpy. I'm calling about your paintings here in the shop.

Grumpy: yuh.

kristina: The guys are going to putting up some more display racks, and we'll be needing the wall where your paintings are hanging. Do you want to come by and pick them up?

Grumpy: okay.

kristina: They're probably going to do the work between Christmas and New Year. I won't be here, but the shop will be open, and the guys will be here.

Grumpy: okay.

End of phone call. He's officially been notified, and it's no longer my problem (it never really was, but it kinda felt like it was.)

Thanks for the input, everyone. It's always good to hear other peoples' take on things.

[Sue U]

Chatty feller, ain't he?

By the way, are the paintings actually any good?

Also, I rather like Long Run's approach. (I'm assuming it was a suggestion rather than a caution.)

[Joe Guy]

Tell Grumpy that you got a lot of offers for the paintings. People offered to take them off the wall for you if you would return them to the hotel you found them in and then put some real art on the wall.

[kristina]

Chatty feller, ain't he?

By the way, are the paintings actually any good?

(Also, I rather like Long Run's approach.)

He used to be chattier, but that was a long time ago, in a galaxy....oops, wrong script. Things kinda devolved towards the end.

As to the paintings, I think they are good, particularly the landscapes. I don't know if he's still painting; he'd kinda stopped painting the last five years or so we were living together. A major problem was always marketing; he's not very good at chatting up potential buyers, or selling himself to a gallery. (really kristina? I'm shocked!).

My oldest and dearest friend has 3 of his paintings (and loves them), and customers in the shop often compliment the ones we have here.

[BoSoxGal]

Pictures!

[kristina]

Pictures!

I know how to take a picture with my phone. I know how to e-mail that to the computer (or text it to someone, or share it on Facebook).

How do I get it to post here? (I'm getting old, and these things are not always immediately clear to me)

TIA

[BoSoxGal]

You have to post them to a hosting site, then paste the link here using the IMG button.

The bastards at Photobucket won't host for free anymore, but here are some other options:

16 Free Image Hosting Websites for Your Photos