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Report of Another Park West Gallery Park West at Sea Cruise Ship Art Auction Rip-off

Stephen and Kimberly Wood, honeymoon abroard Royal Caribbean cruise ship

Stephen and Kimberly Wood tell how they were sold art which was fraudulently overpriced by Park West at Sea on their honeymoon aboard the Royal Caribbean International cruise ship Mariner of the Seas in May 2007


(This continues the series of case studies of reported fraudulent misrepresentation and deceptive trade practices at art auctions conducted at sea on cruise ships.)

The following is a report of a rip-off by Park West of a couple who were on their honeymoon cruise aboard the Royal Caribbean cruise ship, Mariner of the Seas.

Passengers
Stephen Wood, Kimberly Kenaston-Wood of Salem, Oregon.

Cruise line and ship and details of the cruise
We were on the Royal Caribbean, Mariner of the Seas, May 20 - May 26, 2007 for our honeymoon.

Park West Auctioneer
Arthur Scheepers - arthurscheepers@yahoo.com

What was bought?
Millennium Edition restrike of Rembrandt Van Rijn etching The Golf Player. This is a modern restrike made in the late 20th century, long after Rembrandt's death. Note: Rembrandt had no part in the production of the print that was sold to the Woods. He had been dead for centuries before it was made. According to Park West's own certificate of authenticity 2,500 examples of this etching were made. In fact, according to sources who have contacted Fine Art Registry®, Park West bought the copper plates from which these etchings were made and have the capability of producing as many of these etchings as they want to.

The Woods paid a total of $3,153.25 for this etching

Rembrandt etching, 'The Golf Player'

Details of the Purchase
It was a private meeting afterwards, not during the auction itself. The auctioneer told us this was an original Rembrandt. We were told that the value of the piece was around $5,000. We made it clear our reason for purchasing the piece was for investment purposes only and that we would only want the piece if he could assure us the value would go up. He stated: 'I promise you the price will increase. In one year, if you aren't satisfied, please call me and give me the first opportunity to repurchase this piece. I expect the value to increase at least $1,000.' He gave us his business card and again asked us to email him if we decided to sell the piece. We were told the reason the pieces were so inexpensive was because Park West was trying to bring new buyers into the market and was willing to take a loss on what they could sell the pieces for in an effort to build a new client base.

The auctioneer attempted to sell us the piece as a set of two, but we did not want two pieces. He said he would regularly sell our piece for over $4,000, but was willing to sell it to us for the price we paid.

He told us repeatedly that this piece would appreciate in value, that it was an original piece.

Were you able to do due diligence on board before buying? Did you try? Was there any problem with that?
No. Unfortunately, we were naive and inexperienced. We believed that if Royal Caribbean Cruise Lines allowed Park West to do business on their cruise line, then Park West must be reputable.

How did you pay for the art? Have you paid off the credit cards?
We opened a Park West credit card. We have not made any payments at this time. We have disputed the charges.

Have you received the art? Any problem with the shipping or delivery?
We received the art and did not have any problems with shipping or delivery. However, when we received the bill, we noticed that we were charged for appraisals for all the pieces including the free art they sent. Kimberly called them and after three phone calls, was able to get the charges removed. We sent several emails to the auctioneer, but he failed to respond.

What led you to suspect that there might be something wrong?
We were getting ready to go on a vacation to celebrate our one year anniversary. Because we had been told the piece would appreciate at least $1,000 in the year we had it, I decided to get online and see if I could find anything that referenced the value. What I saw shocked and upset me tremendously. I found information after information that the piece we purchased was not what we were told it was and, in fact, appeared to be part of a scam that Park West has perpetrated on many unsuspecting, naive people like us.

What research have you done in the pieces you bought? What did you find?
First, I contacted a local art gallery and spoke with the purchaser for the gallery. She told me that she could not give me a value for the piece as it was basically a scam. She was unable to help me other than to say she thought the piece MAY be worth around $200, but that was being generous. We then contacted an individual in this state who is licensed/accredited to do appraisals. We sent him all our information as well as spoke several times with him. In essence, what he told me on the phone is that Park West is very tricky. The deception lies in the way they word things. The appraisal value represents the 'replacement value' that Park West states they would pay to replace the piece. The irony is that they will never have to replace it so they can place any value they wish on the appraisal. The appraisal is not performed by an independent appraiser.

What I learned is that this is not a qualified appraisal as the appraiser is a party to the transaction and that is according to the Federal Government (IRS).

What we should have received was a Fair Market Value of the piece, which would show the value to be around $200-$400. Of course, Park West will never acknowledge this as it would put an end to their scam.

Stephen and Kimberly are now members of Fine Art Registry® and provided us with details of their purchase and asked for help. Fine Art Registry was able to supply the following, based on information received from anonymous sources within Park West: the cost to Park West of the exact piece they sold to the Woods was between about $225 and $390, but much more likely at the lower end of that range. From another source, it has been reported to Fine Art Registry that Park West own the copper plates from which these etchings were made. This is not part of the information provided by Park West in their certificate of authenticity or appraisal of the piece.

What dealings have you had with Park West customer services or executives since then? Have you asked for a refund? Have you asked for documentation of the provenance (history of origin and ownership) of your pieces? If you have dealt with Park West customer services or others, how were you treated? How did they handle your complaint?
We have contacted Park West's customer service. They are good. They do an excellent job of talking you in circles. They claimed that any information on the internet is erroneous as well as Fine Art Registry being 'out to get them.' For what reason Fine Art Registry is out to get them, they couldn't say. They told us that they would not refund our money, that the sale was valid and that they did not 'purchase' art (hmm... how did they get their inventory????).

When I spoke with Laura Maki in customer service, she indicated the value of the piece far exceeded the $4,950 appraisal value. In response, I requested that she take the piece back, if it truly was so valuable, and sell it at a profit to some "experienced" collector. This seemed like a reasonable resolution to me and one would think that in the interest of maintaining customer satisfaction and to minimize bad publicity, they would jump at such an offer. Who wouldn't -- if anyone offered to resell something I sold them for the same amount I sold it to them for and I KNOW I can sell it for a profit, what company would not seek to maximize their profit? The only reasonable explanation for not doing so is that the value is a farce.

I've called Park west four or five times and have gotten nowhere. The last phone call I finally got a flat out NO. We filed a complaint with the Federal Trade Commission online. Kim found out she knows an attorney that works for the FTC. We are going to file with the Attorney General of Oregon. I have sent an e-mail to the class action lawsuit, stating our case and that we wanted to join the lawsuit. Told all this to Park West and they seemed unaffected.

What led you to contact Fine Art Registry? How do you feel you have been treated by Fine Art Registry?
I found Fine Art Registry when I was searching for the value of the piece we have. We have been treated fine. I must confess that I thought we would get more direction and assistance, but I realize it is early in the game.

Who else have you contacted about your purchases? What did they tell you?
We also contacted Royal Caribbean and spoke with a supervisor in their home office customer service. I was told that they were sorry we were disappointed, but that they had no control over Park West's practices. When I suggested that they did, given that they allow Park West to be on their cruises, they refused to offer any assistance. They were informed we will never cruise with them again, and we will tell everyone we know to avoid their cruise line. I'm guessing it will cost Royal Caribbean far more than the price of the artwork we were scammed.

What are your plans with regard to this situation?
We will be in contact with the Oregon State Attorney General's office as well as the Federal Trade Commission. I have a friend who is an attorney for the FTC and I am going to see if I can get hold of him. Perhaps he will be able to help. We will join any class action suits which are formed. We will also work with Fine Art Registry to bring our story to the media, including the major TV program which we have been told is looking into doing an investigation into Park West.

Any advice you have to other people in your situation? To would-be buyers of art at on-board art auctions?
I guess the best advice I can offer is to not make major investments on the open seas - whatever it is you are buying or who you are buying from. Those who sell on the open seas do so to avoid US laws. I personally would discourage anyone from cruising with Royal Caribbean as their lack of protection for their customers and the fact that they bring Park West to their customers is reprehensible.

Fine Art Registry will follow the progress of the Woods in their attempt to right the rip-off by Park West auctioneer Arthur Scheepers aboard the Royal Caribbean Mariner of the Seas and the subsequent refusal on the part of Park West to right the reported fraudulent misrepresentation on the part of their sales person.

The Park West Certificate of Authenticity and appraisal and the letter from Stephen and Kimberly demanding a refund are included.

Park West Gallery Certificate of Authenticity, Wood's Case Study (PDF)   Park West Gallery Appraisal, Wood's Case Study (PDF)   Wood's Letter to Park West Gallery, Wood's Case Study (PDF)
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