The auction of an extremely rare African mask deemed compliant by French justice

The court found that the original owners of the mask had “shown no diligence in appreciating the fair historical and artistic value of the property.”

The auction of an extremely rare African sculpted mask for 4.2 million euros, initially purchased for 150 euros by a second-hand dealer from a couple in their octogenarians, was validated Tuesday, December 19 by the court of Alès (Gard) and the Gabonese state. The court found that the original owners of the mask, an 88-year-old retired clerk and his 81-year-old wife, had not “showed no diligence in assessing the fair historical and artistic value of the property”.

“Their negligence and carelessness characterize the inexcusable nature of their request”, adds the decision, which rejects their request to be able to cancel the sale and recover the amount paid by the buyer, who remained anonymous. This couple had called on a second-hand dealer to get rid of the old stuff accumulated in their second home in Gard. Among these apparently worthless objects was a carved wooden mask that belonged to an ancestor, a former colonial governor in Africa, which they sold off for 150 euros in September 2021.

The Gabonese state rejected

On the occasion of a sale of African art objects, the second-hand dealer had established ties with the Montpellier auction house (Hérault). The latter had estimated the value between 300,000 and 400,000 euros, after in-depth analyzes having made it possible to date this Fang mask to the 19th century. The court found that it had not been demonstrated that the second-hand dealer, “prior to the sale, (…) was aware of the unique value of the mask sold”.

The first estimates requested by the second-hand dealer were between 100 and 600 euros. He had fixed the price of the mask “by relying on dedicated websites” and on auctioneers’ opinions “who did not want the object”had specified his lawyer during the trial, emphasizing that his client “is not a professional in valuation or African art”. The second-hand dealer “had no specific knowledge of African art“, confirmed the court in its judgment. Intervening at the hearing to demand the cancellation of the sale and the repatriation of the mask, the Gabonese Republic saw its request deemed inadmissible by the court.