Introduction
An elderly couple in France has launched a lawsuit against an antique dealer, alleging that they were cheated out of a substantial sum after selling an African mask to him. The mask, which later fetched €4.2 million ($4.4 million) at auction, has ignited a legal battle that has captured headlines and raised questions about the true value of cultural artefacts.
The Discovery
In a turn of fate, the elderly couple stumbled upon the valuable artefact while cleaning out their property in preparation for a garage sale. Little did they know that this mask would become the centre of a legal dispute that would shake the art world.
The Deal That Raised Suspicions
The local antiques dealer agreed to purchase the mask for a mere €150 (about $157) in September 2021. Months later, the couple was left in disbelief as they read about the mask’s staggering sale price at an auction house in Montpellier. The mask, identified as a traditional Fang mask from Gabon, held cultural significance as it was used in weddings, funerals, and other rituals. Remarkably rare outside Gabon, with fewer than a dozen known to exist in museums worldwide, the mask had a unique history—it was brought to France by the husband’s grandfather, a colonial governor in Africa.
The Legal Battle
The elderly couple wasted no time in pursuing legal action against the antiques dealer. They filed a lawsuit, seeking compensation for what they believe they are rightfully owed. Their argument revolves around the suspicion that the dealer was aware of the true value of the artefact and intentionally withheld this information.
A Court Victory
The legal battle took an interesting turn when, on June 28, an appeals court in Nimes decided that the couple’s claim “appears to be well-founded in principle.” As a result, the court ordered that the proceeds from the auction sale be frozen until the case reaches a conclusion. This ruling signifies a small victory for the elderly couple.
Suspicion Over Dealer’s Actions
Central to the couple’s case is the belief that the dealer failed to disclose his suspicions about the mask’s true worth. Instead of displaying the mask in his shop, the dealer contacted three auction houses in France to determine its estimated monetary value. The final auction house, specialising in African artefacts, conducted comprehensive tests, including carbon-14 dating and mass spectrometry analysis. These tests dated the mask to the 19th century and identified its use by the Ngil, a secretive male society within the Fang people responsible for overseeing judicial matters.
Auction Surprise
The auction house initially listed the mask with an estimated value of between €300,000 and €400,000. To everyone’s astonishment, the mask sold in March 2022 for more than triple the high estimate, reaching a staggering €4.2 million ($4.4 million).
Offers of Compensation and Protective Seizure
Faced with the looming legal battle, the antiquities dealer made an initial offer of €300,000 euros (about $315,000) in compensation to the elderly couple. However, court documents reveal that this offer was rejected, primarily due to opposition from the couple’s children. In response, a judicial court in Alès granted a protective seizure of the auction proceeds, which was carried out in May 2022. Unfortunately for the couple, this decision was later reversed by a lower court, and the funds were returned to the dealer.
The Ongoing Battle
As the legal dispute continues to unfold, the case is now under review by a higher court in Nimes. The outcome of this case will undoubtedly have repercussions for the art and antiques world, emphasising the importance of transparency and ethics in such transactions involving culturally significant artefacts.
Feature Image: A “Ngil” mask of the Fang people of Gabon which was auctioned on March 26, 2022 at the Montpellier auction house.(PHOTO BY PASCAL GUYOT / AFP) (PHOTO BY PASCAL GUYOT/AFP VIA GETTY IMAGES)
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