29 Aug, 2021 → by ClaimboUser88019
unethical behavior – certificate of authenticity being held back as hostage

1

This is the timeline: In early 2020 i bought from Guy Hepner a piece by the Brazilian artist Vik Muniz. 1. I had expressed doubts about the piece not fitting my elevator before completing the purchase. The sales person, Mrs Cristina Bove then assured me that it would be no problem as they always find a way. I have this dialogue in writing. it is incorrect to say that I mistakenly bought the wrong size. I was misled by her assurances. 2. Once the piece did not fit the elevator she suggested that we put it atop the elevator, which my building manager denied since it is illegal in New York City. This proposal and subsequent denial is also all in writing. Notice this delivery attempt was several MONTHS after payment had been made. 3. I asked for my money back, the gallery refused, insisting that it was all my mistake. They offered to replace the piece by a similar piece of much smaller size, which goes in the market for substantially less money. They refused to refund any part of my payment. 4. I did not believe such proposal was fair in any way, however with the best intention of finally putting this issue behind me I accepted the swap for the smaller piece. 5. After another very lengthy delay when Mrs Bove would simply ignore my requests for updates, on May 11th 2021 the smaller piece was delivered without a Certificate of Authenticity. I contacted her on that same day and she expressed surprise and told me she would chase it and "expedite this as much as possible". This is also in writing via SMS text. 6. I sent several other messages that went unanswered. I gave up on email and started a dialogue via SMS text. After promising to "expedite it" on May 11th, I heard nothing for nearly two months. On June 29th I sent another request for an update, to which she replied she would "follow up", and of course, didn't. On July 2nd, I sent yet another message, which was again ignored. On July 8th, I sent one more message, to which she finally replied blaming the studio for the delay. 7. Only then, over 15 months from the date I had paid for the piece, I decided to write a review. One review. It contains exactly the aforementioned experience, which is entirely documented. 8. Only in late August after i sent Mrs Bove another message i was informed the gallery was holding my CoA and would only release it to me after i took down the review and signed a "non-disparaging agreement"! That demand was sent in a message containing lies to a law firm that had previously represented me in the original dispute but with whom i have had no relationship since, it's been months now. 9. Legally, the CoA is an integral part of the sale and withholding it is a clear breach of contract. It must be produced without conditions and untied to my post. To punish or attempt to punish comments in review boards is illegal and posts such as mine which contain no untruths are protected speech, including by the H.R.5111 - Consumer Review Fairness Act, not to mention the Constitution. 10. Therefore I urge Guy Hepner to follow the law and immediately send me what legally belongs to me, the Certificate of Authenticity of the Vik Muniz "Brooklyn Bridge".
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