Hans Engel's story about Sergio Patrich
I’m an artist based in Toronto. Five or six years ago, in an effort to find representation, I sent out a catalogue and letter to galleries across the country. Sergio Patrich, then director/owner of the Simon Patrich Gallery on Granville in Vancouver, was one of those who responded favourably. Sergio was and is always extremely charming. I was very new to the gallery world and extremely trusting. When we discussed how our relationship would work, Sergio, obviously as a sign of his good business ethic, told me that if a painting sold, the artist would be paid immediately in full, even if it was on a payment plan. Recovering the funds from the client was the gallery’s responsibility, he told me. I believed this was a professional gallery and given the stories I was told of the lengthy history of the gallery and of Sergio and his father as dealers, I had no reason to believe I was at risk. Sergio offered me a solo show and I was, of course, thrilled. When I attended the opening Sergio was very gregarious and threw a good party, full of hugs and tequila. Thereafter there was almost a solo show every year. Every now and again I would be casually informed through one of the gallery workers that something had sold at some point and I would ask for payment. They would have to talk to Sergio and see what was going on. Every time I would be given a run-around – the accountant, payment plan, don’t know, call you back, it’s coming soon – but, to my knowledge at the time, I was eventually, albeit slowly and reluctantly, paid for everything I knew had sold.
During the summer of 2006 I received a phone call from another gallery which represents me, informing me of a phone call they received from a buyer in California who was looking to talk to me about my Vancouver gallery. I contacted this buyer and was told that he had purchased one of my paintings from Sergio Patrich but was having a very difficult time getting the painting and an even harder time communicating with the gallery. I called the gallery (now relocated and renamed as Gallery O Contemporary at the Art Center on Pine Street) and Jordan Patrich (Sergio’s young son who had surprisingly been made ‘director’ of the gallery) answered the phone. I asked about this particular sale and what I had been told. He told me that it was his mother, Leah Patrich, who was handling the case and that from what he had witnessed the buyer in California was ‘insane’ and being abusive towards them. I found this surprising since the buyer in California was perfectly calm and polite with me. Jordan told me that I had to speak to his mother but as far as he knew the painting was simply stuck in customs. I spoke to Leah and asked her the same questions and she gave me the same replies. I asked when I would be paid and she informed me that they hadn’t received payment yet. This was surprising as well. Why would they, I asked, ship one of my paintings if it hadn’t yet been paid for. Now apparently it was Jordan who had all the information or the ‘accountant’. I was cut off and the conversation was over. I went back to the buyer in California and told him what I had been told. He was dumbfounded and assured me he had paid in full on his credit card but was having such a horrible time dealing with the gallery that he was considering reversing the payment because even the sight of my painting would only remind him of the frustration that he was experiencing trying to receive it. He didn’t even want it anymore. I started to get suspicious of what was going on and contacted the gallery again demanding to know what was going on and why they would treat anyone, particularly a buyer and me, with such disrespect. I began asking for immediate payment in full and for an inventory list. This is when Leah Patrich began to scream at me on the phone to such an extent that I literally held the phone away from my ear. I asked if she was done so that we could talk business. She was done and she hung up on me. Eventually my painting did reach the buyer in California who was thrilled, and loved it, and paid for it in full on his credit card. He also advised me that he had never before dealt with such an unprofessional gallery and suggested I get far away from them. This marked the beginning of months of attempting to contact them, making numerous unanswered phone calls and emails daily asking for payment and an inventory list. Their only response to me was silence.
I emailed another buyer who had previously purchased two large paintings of mine asking that, since in the past he had expressed a desire for another piece, if he were to act on that desire, that he do so directly with me. He responded saying that, as I knew, he had three of my pieces but that if he were to want more he would contact me. Three!? Another painting gone.
In the Spring of 2007, with the help of CARFAC, I began conversations with a lawyer about my situation. She helped me to write a letter to Sergio, Jordan and Leah describing what I knew had transpired and what I now expected, ie: payment and the return of all of my paintings. After having spoken to other artists in a similar situation I had a feeling that this letter would go unanswered. It did.
I booked a flight to Vancouver. The weekend before my departure, Sergio and his associates packed up the gallery and all of its contents and disappeared. I arrived in Vancouver to find the gallery locked and swept clean. I was devastated. While in Vancouver I received a phone call from someone informing me that my paintings would be delivered to a shipping company for me to pick up but he claimed not to know how many (there should have been 28), when, or what happened to the gallery. I demanded he get Sergio to call me. He told me Sergio was too busy. Later that week I received a phone call from the shippers saying that an anonymous driver had delivered some of my paintings. I asked how may. He said, 17.
I now know that there were other paintings being sold or given away about which I was not informed nor paid. Obviously during the years I was happily painting paintings for all my Vancouver shows they were systematically selling off my work behind my back. Eleven paintings are simply gone, two were sold for which I received partial payment, and two were sold for which I’ve received nothing. A total of fifteen paintings and a value of around $26000. Gone. For me, an entire year’s worth of production.
My story is, unfortunately, not unusual. I’ve spoken to many other artists who have been through this and more. Some are posting on this blog and you can read what they’ve done and what they’ve lost. Most have resigned themselves to the idea that their paintings are gone and their money is gone. Some have been so exhausted and humiliated by their ordeals that, at least for a time, and it has happened to me, they have stopped painting entirely. Some, so beaten and shell shocked by the betrayal that they no longer want to trust any gallery anywhere. Some, so disillusioned by the court system that they no longer believe any form of contract would help in protecting them from other scam artists.
My story is not unusual, but I think we as artists need to work towards making it much less than usual. Telling these stories to each other is one way of doing that. There is power in collective knowledge and there is power in collective action.
During the summer of 2006 I received a phone call from another gallery which represents me, informing me of a phone call they received from a buyer in California who was looking to talk to me about my Vancouver gallery. I contacted this buyer and was told that he had purchased one of my paintings from Sergio Patrich but was having a very difficult time getting the painting and an even harder time communicating with the gallery. I called the gallery (now relocated and renamed as Gallery O Contemporary at the Art Center on Pine Street) and Jordan Patrich (Sergio’s young son who had surprisingly been made ‘director’ of the gallery) answered the phone. I asked about this particular sale and what I had been told. He told me that it was his mother, Leah Patrich, who was handling the case and that from what he had witnessed the buyer in California was ‘insane’ and being abusive towards them. I found this surprising since the buyer in California was perfectly calm and polite with me. Jordan told me that I had to speak to his mother but as far as he knew the painting was simply stuck in customs. I spoke to Leah and asked her the same questions and she gave me the same replies. I asked when I would be paid and she informed me that they hadn’t received payment yet. This was surprising as well. Why would they, I asked, ship one of my paintings if it hadn’t yet been paid for. Now apparently it was Jordan who had all the information or the ‘accountant’. I was cut off and the conversation was over. I went back to the buyer in California and told him what I had been told. He was dumbfounded and assured me he had paid in full on his credit card but was having such a horrible time dealing with the gallery that he was considering reversing the payment because even the sight of my painting would only remind him of the frustration that he was experiencing trying to receive it. He didn’t even want it anymore. I started to get suspicious of what was going on and contacted the gallery again demanding to know what was going on and why they would treat anyone, particularly a buyer and me, with such disrespect. I began asking for immediate payment in full and for an inventory list. This is when Leah Patrich began to scream at me on the phone to such an extent that I literally held the phone away from my ear. I asked if she was done so that we could talk business. She was done and she hung up on me. Eventually my painting did reach the buyer in California who was thrilled, and loved it, and paid for it in full on his credit card. He also advised me that he had never before dealt with such an unprofessional gallery and suggested I get far away from them. This marked the beginning of months of attempting to contact them, making numerous unanswered phone calls and emails daily asking for payment and an inventory list. Their only response to me was silence.
I emailed another buyer who had previously purchased two large paintings of mine asking that, since in the past he had expressed a desire for another piece, if he were to act on that desire, that he do so directly with me. He responded saying that, as I knew, he had three of my pieces but that if he were to want more he would contact me. Three!? Another painting gone.
In the Spring of 2007, with the help of CARFAC, I began conversations with a lawyer about my situation. She helped me to write a letter to Sergio, Jordan and Leah describing what I knew had transpired and what I now expected, ie: payment and the return of all of my paintings. After having spoken to other artists in a similar situation I had a feeling that this letter would go unanswered. It did.
I booked a flight to Vancouver. The weekend before my departure, Sergio and his associates packed up the gallery and all of its contents and disappeared. I arrived in Vancouver to find the gallery locked and swept clean. I was devastated. While in Vancouver I received a phone call from someone informing me that my paintings would be delivered to a shipping company for me to pick up but he claimed not to know how many (there should have been 28), when, or what happened to the gallery. I demanded he get Sergio to call me. He told me Sergio was too busy. Later that week I received a phone call from the shippers saying that an anonymous driver had delivered some of my paintings. I asked how may. He said, 17.
I now know that there were other paintings being sold or given away about which I was not informed nor paid. Obviously during the years I was happily painting paintings for all my Vancouver shows they were systematically selling off my work behind my back. Eleven paintings are simply gone, two were sold for which I received partial payment, and two were sold for which I’ve received nothing. A total of fifteen paintings and a value of around $26000. Gone. For me, an entire year’s worth of production.
My story is, unfortunately, not unusual. I’ve spoken to many other artists who have been through this and more. Some are posting on this blog and you can read what they’ve done and what they’ve lost. Most have resigned themselves to the idea that their paintings are gone and their money is gone. Some have been so exhausted and humiliated by their ordeals that, at least for a time, and it has happened to me, they have stopped painting entirely. Some, so beaten and shell shocked by the betrayal that they no longer want to trust any gallery anywhere. Some, so disillusioned by the court system that they no longer believe any form of contract would help in protecting them from other scam artists.
My story is not unusual, but I think we as artists need to work towards making it much less than usual. Telling these stories to each other is one way of doing that. There is power in collective knowledge and there is power in collective action.
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