Any advice for this scenario? (Missed commission deadline) 2 2

[babsrocks31]

So, I have an odd situation to deal with.

When I get commissions I tend to ask to pay for a commission 90% up front, plus shipping. With the remaining 10% being paid if the commission is completed before a certain date. I always try to settle the date around the artist's schedule so that I'm being patient.

I do all of this because a commission being a little late doesn't bug me, but a commission being years later or never coming at all ... Yeah, that's irritating. Nothing worse then getting burned.

In this case, I was on an artist's list for commissions. The artist's dealer contacted me saying the list was open and he expects the artist to complete the commissions quickly. Will have them to me in three months. So I asked the rep if I could pay 90% now and the rest if they are completed by December 31st 2021 (over double the time the dealer told me it would take).

I was just contacted and they are finished (February 17, 2022).

I'm thinking I'll just pay the remaining owing rather than make a fuss, but it has got me thinking about best practice in these situations. I do often feel the buyer gets the short end of the stick.

What say you all?

 

[Bird]

I say you now have yourself your own stick...what are you going to do with it?

On 2/17/2022 at 5:46 PM, babsrocks31 said:

I do often feel the buyer gets the short end of the stick

 

[Will_K]

You could say "screw it, you keep the 90% and the art".

You could pay the remaining 10% and receive the art in timely or reasonable fashion. 

You could pay the remaining 10% and still never receive the art.

Let us know how it turns out.

[Ted_L]

I get that this is frustrating, but it's not really that late all things considered.  I would just pay the 10% and let it go. 

Having said that, I don't think 10% is enough motivation to get a flaky artist to complete the work.  If you're going to go with this strategy, then you probably need to go with 50% or something in that vicinity.

[cloud cloddie]

On 2/17/2022 at 3:13 PM, Ted_L said:

I get that this is frustrating, but it's not really that late all things considered.  I would just pay the 10% and let it go. 

Having said that, I don't think 10% is enough motivation to get a flaky artist to complete the work.  If you're going to go with this strategy, then you probably need to go with 50% or something in that vicinity.

Yeah, I’m thoroughly confused by the 90/10 split. 50/50 seems to be pretty standard, but the way you’re describing it is that you expect the 10% off if it’s not competed by the due date?

[Bird]

enforce your contract, or why else do you do it?

Edited February 17, 2022 by Bird
sorry, couldn't wait any longer to say it!!! ;-)

[grapeape]

10% is not a stick.

it’s a tip you leave the waiter when receiving “meh” service.

I think I’d follow Bird’s-advice if you had more leverage say 50/50. As it is maybe write back to the artist, “ I’ll waive the 10% late completion penalty  fee. Just cover shipping and insurance on your end and we’ll call it square.”

 

Keep good relations especially if you are pleased with the outcome of the finished work. Good luck.

 

 

[babsrocks31]

I am planning on just paying it since its not that late.

To be honest, I usually do this to get dealer's to be honest about the time frame. If its my first time working with an artist and I get sketchy (no pun intended vibes), i'll ask for a 60/40 split. With dealer's, I do this with the 90/10 because they tend to do things like asking you to pay extra to cover paypal fees or telling you it will be ready right away and then it taking forever. However, the good side to them is that dealer's have always gotten me the art in the end whereas artists have ripped me off completely in the past (albeit rarely). 

I think i'm going to just pay the ten percent since it isn't that late and has not been a huge problem. If another three months or so had passed, that would be a different story... but it's close enough that I don't feel overly cheated.

edit: thank you all for the different opinions.

Edited February 18, 2022 by babsrocks31