Linda Nardelli's story about Sergio Patrich

I am writing this testimonial regarding the Partich Situation in hopes that it can help fellow artists better represent themselves to insure their artist rights. I could have avoided financial and emotional loss with Simon Patrich Gallery (now known as the Gallery O) by being more assertive form the start. Presently I have a very organized system to keep track of inventory and insist on statements of sales with all gallery payments. Also I insist on being paid no more than 30 days after the sale of my artwork. My Consignment Agreements are clearly defined with thumbnail photos of each painting consigned. I keep track of art sold and correct any errors that can occur, without the unnecessary delays and confusion. This wasn’t the case with Simon Patrich Gallery – A Division Of Havillah Holdings Ltd.

I began gallery representation with Simon Patrich Gallery in June 1999. The sales were slow at first, but quickly ameliorated after my first art show in May 2000. About six months later I recognized that the cheques from the gallery did not match the sales from the art show. When I spoke with Sergio, he said that some of the art had been purchased on payment plans and that I would soon receive a payment. Payments were sent to me by mail with no statement of sales or mention of which paintings sold. When I asked for statements of sales, Sergio agreed to organize it but refused to indicate the payment plans, as that wasn’t their normal procedure. Several months went by with the assistance of a gallery representative to try to organize the statements and inventory. Her time was limited as was Sergio’s time, and there were delays. Sergio would say that they were having computer problems to explain the delay. Meanwhile I was very busy juggling my art studio work with my day job, and personal family issues that made it all the more difficult to deal with the underlying gallery problem.

The cheques continued to not match the sales, though I could not determine specifically which paintings were sold. It can also be challenging to keep track of gallery inventory as some paintings may be out on loan to possible clients for viewing in their home or business. I must say that in retrospect I should have left the gallery the year after the show, but I persisted, seduced by a sense of loyalty and love. Sergio engendered a sense of family, which many other artists who have exhibited at the gallery have attested to.

The first set of statement of sales given by the gallery did not clearly add up, and it wasn’t until my second art show in 2003 that I finally identified the paintings sold and gallery inventory. Once I confronted Sergio with this discrepancy he began to elude me: not answer phone messages, complain of ill health and lack of funds. He suggested that all galleries cover their own expenses before paying the artists, and that when he could he would pay me. I wanted regular monthly payments with posted dated cheques, which he refused; he only wanted to send me cheques, as he had already been doing, and only when he had the funds. I continued to try to arrange a payment plan or at least a more substantial payment to cover the amount owing. Sergio deferred me to his accounted that also did not answer phone messages. By the spring of 2004, I removed my art except five missing painting, which are still missing. After a lengthy legal process both Sergio and his mother/partner Leah Patrich met with my lawyer. Sergio argued that I owed him two paintings for the two shows. I had never heard of this before. After a grueling discussion I settled for the sum of $16,000.00. It was agreed that they would pay me $600 per month, which they did for four months. The payments stopped when they moved the “Simon Patrich Gallery” to Pine street, which is when they renamed the gallery “Gallery O”. My lawyer entered a Consent Order For Judgment by September 2005, which was granted. A Writ Of Seizure was obtained as well as Sheriff services, which produced no results. No monies were found - it turns out that Sergio has protected his assets very well, as he has no valuable assets in his name. Leah Patrich could not be found.

I have learned a valuable lesson: law-abiding contracts make absolutely no difference. The law system does not enforce payments of debts. nor does it regulate business practices, which is why Sergio could remain in business for so long with a track record of not paying artists.

I wish there was a regulatory body to maintain good working agreements between artists and gallery owners, because I have since heard many stories of artists who have not been paid by prominent galleries. I believe that patrons who buy art wish to support the arts. I know that when I purchase an artist’s creation I want the artist to be paid his/her rightful percentage. How else can artists sustain their artistic gifts?

Sincerely,

Linda L. Nardelli