The question of how much diligence buyers must demonstrate may be considered in a new authenticity case brought recently in the Miami-Dade County Circuit Court against a Miami gallery for selling $6 million in fake Andy Warhol paintings. The lawsuit was filed by a family described in the complaint as not having any “specialized training or background in art,” but who do “personally enjoy art.” This description is noteworthy, as it appears to be an effort on the part of the plaintiffs to show that they are not sophisticated consumers who should be held to a high standard of due diligence. Instead, they allege that the gallery director went to great lengths to pass off forged works as authentic Andy Warhols. Specifically, he told the plaintiffs his contact at the Andy Warhol Foundation would email them to confirm authenticity. But, the plaintiffs assert it was the gallery director himself who emailed the plaintiffs from a fake account that didn’t match the Warhol Foundation’s domain name. When the family approached Christie’s about potentially selling the Warhols they had acquired, the auction house expert who examined them expressed doubts as to their authenticity. The gallery director is accused of then sending two people posing as appraisers from rival auction house Phillips to evaluate the works and confirm their authenticity. Phillips has indicated that these individuals presented the plaintiffs with fake business cards and were not in fact from Phillips. The plaintiffs assert breach of contract, breach of express warranty, unjust enrichment, fraud, conversion and other violations of Florida law.

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