Legal Question in Consumer Law in California
verbal contract/ third party possession of property
An artist asked me if he could paint a portrait of me to hang in a bar. We agreed that I would pay him 500.00, maintain ownership and allow him to hang the painting in the bar for an undetermined period of time. 200.00 was paid before it was painted and the balance immediately after I saw it hanging in the bar.
The bar now claims ownership of the painting I commissioned because of a then unknown verbal commitment with the artist to provide them with art for their bar. Should I begin legal proceedings against both parties to reclaim my painting, and ask for equitable relief? An offer was made, the artist accepted it, produced it and assured me that the Bar was aware of the conditions of our agreement.
The artist may have been attempting to deceive us both. But there is no dispute that the specific subject matter for this painting was authorized by me, and paid in part before its inception for me.
1 Answer from Attorneys
Re: verbal contract/ third party possession of property
You could take the artist to small claims court for a refund. What agreement does the bar have with the artist? You may have no greater right to the painting than the bar.
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