Hi y'all. I need your advice regarding a situation with a commission client who has just gone radio silence with me. They contacted me to create two portraits for them, based upon work of mine they saw online. Before even starting the two large commission works, the client asked me to do three smaller pieces they could gift for Christmas. They were pleased with all three, and paid. Then first larger portrait was completed and approved. However, upon completion of second one, client did not like one small aspect of it - one eyeball. Claims they love the rest, but something is off on the one eyeball that they can't explain.
Work was completed from photos supplied by client, and client was shown progress along the way at at least three intervals. I had made corrections along the way in both portraits based on feedback from client during progress reports. However, client claimed that they didn't think I could correct the eyeball (before allowing me to correct the eyeball!) and now it was unacceptable! I told them it was not a problem to make corrections, then made a correction based on their comments, and sent them another photo - and crickets! Customer has not responded to me now for 10 days. Customer paid deposit of roughly 1/3 up front, of which half of that went to special order materials. They never paid nor took possession of first portrait, so I have both.
Should I send them a letter giving them a certain time period to pay and take possession of the artwork before forfeiting it? How long is customary? Unfortunately, as I normally only take commission through my Etsy shop, where customers pay up front and terms are spelled out, I did not have a formal written agreement prepared for this situation. I am willing keep one or both artworks, as I am actually very pleased with both and would be happy to use them as display pieces at my shows. Side note: I would change the artwork they did not like, but by adding color - it was commissioned as black and white.
Replies
Sonja, just guessing and creating excuses for the client should not be your responsibility. This is a business transaction. You need to protect yourself - you don't need to protect them. If they can't afford it or if they endured some hardship, that prevents them from honoring their commitment, they should have the decency to be up front with you. Protect your interests and move on, and good luck.
Hmmm.
From your description, sounds like something changed on their end. Financial problems. A family issue. Storm damage to their house. Someone died. Someone wants them to die.
Their behavior implies that your artwork is fine, and that you have done nothing 'wrong'. So, now what to do?
Depends on how much energy you want to put into collection. Over the years I have done everything from what you would expect for a late mortgage from a bank (certified letter, notes posted on front door, attorneys), to reminder invoices / emails, to saying "ah, forget about it, let's grab a cup of coffee".
In #1, large amount of money, business case was clear cut, documentation was clear cut, tangible assets were available to liquidate, court jurisdiction was clear cut, and I really needed the money. #2 situations happened alot, once a month, and almost always got paid. #3 happens occasionally, usually when I am dealing with friends and do not care one way or the other if I get paid or not.
As you, normally my commissions are 100% paid for upfront. Those always work out. Paying up front separates the people who have not thought it through, from those that have, or where something changed on their end. The ones that are problematic are the ones where payment wasn't received. Applying this business principal has worked well for me over the years, in various industries.
But again, from your description, something changed on their end, no doubt a fascinating, and completely irrelevant, tale. Overall, I think Layl has summed it up pretty well.
Yes, Mark, I thought this too, maybe a sudden change of finances. I thought we had a pretty good rapport, and if money was a problem, I certainly would be willing to wait. But who knows? The client is pretty young, and is self-professed new to buying art. I want to be patient, but keep myself on firm business and legal footing!
Send a certified letter telling them that if they fail to respond within thirty days of the date of your letter you will assume that they no longer want the artwork upon which their deposit will be forfeited and you will retain ownership of the portraits. (Don't say "keep" because you might find another buyer.) Consider modifying the portraits if you think that you can make them marketable.)
Keep in mind that they may be playing a pricing game hoping you will drop the price since the work has been completed. DON'T let them trap you, if they want a lower price, they want the portraits. Do not budge on your agreed price.
Thank you, Len - the same thought had crossed my mind about this being a scheme to get me to lower my price. When we first discussed price, they tried to get me to go lower, and I stuck by my guns and explained how much work was involved. I like the idea of the certified letter, also, to verify that they received the notice. Like I said, I wouldn't be heart broken if I end up retaining the portraits.
Signing for the mail proves they received it. It means nothing if they do not open it.
Doesn't matter if they don't open it - proof of delivery is all you need. The artist makes a "good faith" effort.
Sonja- Wow this is a tough one. I haven't experienced this myself with my own work but my husband is a tile maker and he gets all kinds of issues like this. We of course have a policy that spells everything out ahead of time with no returns except for a 50% restocking fee but we've found you still run into issues where people just are not happy and there is the potential of them spreading ill will. Every situation is different but there have been times when the best decision is to let it go and even return all the payments. You may never make them happy. I guess if I were in your situation I would chalk it up as learning experience and move on. It seems fair that you should not return what they paid you and it sounds like they are not asking for that. It is very likely you will never please this customer and it's not worth your time to keep trying. You have already gone above and beyond. I will be interested to see if anyone else has other advice.
Thank you, Layl. So true that you can't please everyone, no matter how hard you try; so rough though when you really want them to love your art and your service! I guess that's how contracts started, lol. I will give client a little longer, and see what happens, but I think I might follow Len's advice if it isn't resolved eventually. I just want to be on a firm legal footing from this point forward. And next time - written contract!