Following the Profiles Auction

[cstojano]

What was the TAR agreement? I couldn.t find reference to this, got the email about it...

[Michael (OML)]

The TAR obligated buyers to give Barry a % of future sales. He withdrew it from all these pieces.

[cstojano]

Wow really? Was that in the printed catalog notes?

[Michael (OML)]

I don't know -- the TAR has been around for years -- I suspect the TAR was not in place when these pieces were first sold (unless Barry himself is the seller of these at Profiles) and therefore the TAR would not apply?

[robert frey]

I would think that if he waived the TAR, Profiles must be giving him some sort of concession, wouldn't you think?

[Michael (OML)]

Robert - I don't know. Many of the pieces were created long before the TAR (insofar as I know) so if they sold originally before the TAR and TAR legally cannot apply after the fact. That said, maybe Barry is the seller NOW in which case the TAR could apply. Or, maybe they were (in fact) sold subject to the TAR and their sales occured after the TAR was in place. Or, you might be right and he received a concession. That said, the TAR was meant to apply to every future sale so every time a piece sold, the new buyer obtained it subject to the TAR and had to give BWS a piece when he sold it on to someone else and that new buyer had to give a piece to BWS when it was sold on.

 

Well, lots of speculation by me. You are probably right about why it was waived.

 

M

[robert frey]

A number of the BWS pieces show on his website as being sold so I am guessing he doesn't own them anymore.

[bocaratondefense]

What percentage of the lot went unsold?

 

 

[drdroom]

I believe TAR applied to all of the Smith lots. I presume that the situation was looking dire and Profiles or Barry decided to waive TAR in hopes of averting the disaster.

 

[Mephisto]

Does anyone know what the Ken Kelly Conan went for?

[comix4fun]

I don't think it did. I have to double check. The opener was 25k plus da vig.