African mask purchased by an elderly couple ends up selling for millions

A legal case in France is raising questions about compensation when the value of a sold artwork is later discovered to be significantly higher. An elderly couple was clearing out their secondary home when they came across an African mask. While most items went to a garage sale, they sold the mask to a local antique dealer for €150 in September 2021.

Just months later, reading the newspaper, they discovered the mask had auctioned for €4.2 million in Montpellier. It turned out to be a rare ceremonial Fang mask from Gabon, brought back in the early 1900s by the husband's grandfather who was a colonial governor in Africa. Believing they were misled about its value, the couple sued the dealer. After legal proceedings, a French appeals court ruled on June 28th that the couple's claim against the dealer appears legally valid and froze the auction funds pending the outcome. The court in Nimes acknowledged the case raises issues around compensation when a sold artifact's value is dramatically reappraised.

​​The couple argues the dealer likely knew the mask's true value when purchasing it. He did not display it in his shop but rather contacted two auction houses - Drouot Estimation and Fauve Paris - for appraisals. They estimated values of approximately €100-€120 and €400-€600 respectively.

Despite these assessments, the dealer sought a third opinion from an African art specialist auction in Montpellier. Carbon-dating and mass spectrometry analysis dated the mask to the 19th century. An ethnologist's expert examination revealed it was used in purification rituals by the Ngil society, a secret Gabonese organization within the Fang ethnic group active until the 1920s. This new cultural and historical information uncovered the mask's rareness, leading to its astronomical sale price and raising questions as to whether the dealer knew more than he shared with the elderly sellers.

The specialized auction house categorized the mask with a pre-sale estimate of €300,000 to €400,000 based on extensive research and analysis. However, intense bidding drove the final sale price to a staggering €4.2 million, setting a new record for Fang masks at the auction in March 2022. The dramatic increase in value has led the elderly couple to question what the dealer truly understood of the mask's rarity when purchasing it from them so cheaply. According to reporting in Le Monde, the couple's legal counsel argues the original sale can potentially be overturned due to the sellers' reasonable but mistaken view that the mask was insignificant in value. Other precedents are cited, such as owners granted nullification when Poussin paintings were misidentified pre-authentication and their restoration obtained restitution.

The case has progressed through multiple legal steps. Initially, the dealer proposed privately compensating the couple approximately €300,000 or $315,000, but no settlement could be reached reportedly due to objection from the elderly pair's children, as outlined in filed documents. With liability still disputed, the appeals court intervention aims to safeguard funds while the suit's merits are litigated.

Unsatisfied, the couple elevated their claim in the judicial court of Alès, pursuing an injunction to escrow the auction proceeds while seeking damages. Initially, the Alès court approved a provisional holding of funds, enacted in May 2022 by a regional French bank. However, the lower court ultimately ruled in favor of the dealer, releasing the money and ordering the elderly pair to pay him approximately €3,000 to cover damages and legal costs. Dissatisfied with this outcome, the couple then appealed to overturn the decision.