I would be more worried that the contract doesn't detail what was taken. I am not casting aspersions, I have no reason to believe that anyone is being dishonest, but we advise our clients to make sure that their contract is itemized to a degree that they feel protected.
As for the 60/40 split. I definitely take it to mean of the total sale price including BP.
If this was for one $100,000 item it would be nuts, but if it is for a massive collection I honestly don't think it's out of line.
When we do a massive collection it's almost always on a tiered schedule so they pay less the better the items are, but the cheap stuff is going to cost a fairly significant percentage. 40% might be a bit more than we wind up averaging over a whole collection, but it honestly doesn't strike me as all that weird.
If other companies are offering him 100% plus BP I hope he can get the collection back because that would be stellar if we're actually talking about two truckloads worth a few hundred thousand. That's a LOT of inexpensive items that take just as much work to do properly as the good stuff. I'd worry that these other offers would only cherry pick him even further so that they're only taking the premium items to give him those terms.
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