SUBJECT: BEWARE Steve Verkman, Keith Vari, Leland’s, Clean Sweep & Paragon auctions

[Exhibitman]

My personal view, strictly as a hobbyist, is that 40% of the net after authentication fees is a terrible deal and borderline exploitative in a situation like the consignor describes (assuming the recitation is accurate as to how it went down). I also find the "it's a lot work" excuse to be unconvincing; we all work hard. Probably the best thing to do is for the AHs to return the items and tear up the contract, and for the OP to return the advance (or to agree on what is to be kept to repay the advance). Legalities aside, the consignor is very unhappy and the situation is just distasteful enough to make it a potential PR nightmare. In this extremely competitive hobby, it is probably a business mistake to hide behind the contract and get trashed as a result. Happy customers may tell a friend or two; unhappy customers are sure to tell ten. I wonder how many readers here made the decision not to go with Lelands or Clean Sweep as a result of what they have read.

Now, as a lawyer, if I was consulted by a CA resident who appears to be a senior and in health-related distress, my go-to would be the financial elder abuse laws. In my state, one has to be very, very careful in dealing with seniors because the legal consequences of playing fast and loose with their assets are punishing. It is a hellscape of heavy civil and potential criminal penalties; one of my clients went to jail over a transaction that might not have been treated as a crime if his counterparty had been a 45 year old man instead of an old woman. If we take the OP at face value, it appears that some items that the consignor did not think were part of the deal were taken, and that the basis for the high fees (lots of work) may not ring true if there was substantial cherry-picking. One of the things that raises my concern if I was representing the auctioneers is the lack of detail in the contract. That, plus the two-on-one, speedy dealmaking in the consignor's home, are factors that can go into a determination of potential elder financial abuse. There is just enough doodie stink on the potpourri to be concerning.