Who's in Charge Here?

Into a Slumber, 30 x 36, oil on canvas.  The painting on layaway

I recently left a gallery. It happens. It just wasn't a match. I asked for the return of my work in January. The gallery complied but said that one painting was on layaway and I would be paid in April. I contacted the gallery today and I was told that the buyer was having "financial problems" and I would be paid in May.

What's wrong with this picture? First, I have a contract with all my galleries that states that paintings will not be on layaway for more than 90 days and The Gallery assumes full risk of nonpayment by the purchaser.

Second, I own this painting until it's paid for. It's not up to the gallery to tell me when I'm going to be paid or change the layaway policy without my permission. I believe in being flexible with my galleries. Stuff happens. I have one small gallery that  consistently  has buyers that take 6 months to pay for a painting. BUT the gallery calls me first and I agree.

I also have no problem with a gallery taking a long layaway without my permission as long as I get paid within 90 days of the layaway. That is, I get paid first. The gallery can take as long as they want to get their commission.

I told this gallery owner that I would give her one more month. At that time I needed to be paid whether the buyer had completed payments or not OR I need to have the painting returned to me.

Remember, the artist owns the painting. The money collected for the sale of the painting belongs to the artist and the artist is paying the gallery a commission. Many galleries think they are paying the artist the commission. That's just not so. And I make sure my contract says just that.

What does your contract say?