How do I deal with this situation?

[foxhack.livejournal.com]

So last year, an artist I know had a bunch of commissions for "chibi" versions of your characters for $5 each. He made about nine or so, then asked people if they were interested. I was, paid my money, and ended up being one of the first ones in line. So I waited. And I waited. Nothing came. I contacted him in December, and he said he'd do the art over Christmas break.

So I waited again, nothing came of it. I asked him again in February, around Valentine's Day. He said he'd do it over the weekend, and asked me to resend my character info (which I did).

Well, it's April, and I'm still waiting. Meanwhile, this person keeps making new art, coloring art for others, and doing collaborations with other people. Oh and he's now asking people for money for an art raffle to get money to go to Otakon. The winner gets some art or something.

If by now, you know who it is, please don't mention his name. The person is well known in certain areas of the fandom and has some rabid followers (not to mention, I got in trouble with one of his best friends, so I want to prevent drama by saying his name outloud). I did a search to make sure this person hasn't been mentioned before - and he hasn't. But I'm not the only person he promised stuff to, and considering all this activity of his... I want to contact him but I'm really pissed off by now and don't trust myself to keep my cool.

Thoughts? :|

Edit:
Followup as of 04/19 - I sent a DA note to the artist and he replied a few minutes later, refunding the money with interest and apologizing a lot for his delay. He still intends to finish the image. Thanks for your advice. :)

Comments

[edge-chan.livejournal.com]

if he still owns you the art gave him a deadline and if he doesn't do the chibi, then ask him for give you back your money or something like that.

At least is the one option i can think.

[filthy-animal.livejournal.com]

I second this!

[foxhack.livejournal.com]

I'm not comfortable with the idea of a deadline. Why? Well, let's say I give someone two weeks to finish my picture. So what does he do? He gives me a crappy sketch that looks like something a drunk person would've scribbled on his napkin and then tries to pass it off as art.

I really hate giving deadlines to people. :(

[edge-chan.livejournal.com]

true, but also you have like almost 5 months.
Is like someone else says, if you don't gave him the deadline, he will makes you wait forever and if he does that crappy sketch, tell him you want your money back because is not that he promised.

You have the right, you have send the money.

[edge-chan.livejournal.com]

*you had waited like...

[kassichu.livejournal.com]

This is a tricky one. I'm not sure if this is an official business transaction or what, but it's never a good idea to send money to a complete stranger who doesn't own a business. Stories that begin with giving all the money upfront usually don't end well.

Mention his name. He scammed you; why should you give him any sort of respect?

[wolf-nymph.livejournal.com]

Unfortunatly, a lot of freelance artists don't really own a business, they ARE the business. Many of us ask for money up front should the customer disappear without paying after they gotten their art (which has happened to me more than once before). I ask for minimum a third up front, but most people pay half or full price up front. In business transactions such as these, it's a big matter of trust on both sides, and unless you bring a contract into the picture, neither party has gaurentees they'll get what they want.

Not agreeing with what has happened to foxhack though, just pointing that out. Sounds like a case of either MAJOR art procrastination, or the artist just ran off with the $5. Not cool. =/ I suggest the deadline idea that edge_chan offered, then ask for your money back if they don't make that deadline.

[foxhack.livejournal.com]

Heck, I know about being a business. I own a small eBay business of my own and there's no way I would ever take so long to fulfill a contract. I get paid, I send the stuff within three days, and if there's a delay for any reason, I contact the buyer immediately and explain the situation - and often make up for it in one way or another, by offering partial refunds, or shipping upgrades.

[filthy-animal.livejournal.com]

I would want all money upfront. Not having someone take a sketch and run, I want serious commissioners.

[schnee.livejournal.com]

You don't need to be a business to enter into contracts, and contracts need not be written on paper and signed in person, either. If there is an agreement that the OP will give the artist 5 bucks and that the artist will do a picture in return, then that is a contract - maybe not one that could easily be enforced, but a contract nonetheless.

Just wanted to clear that up. :)

[foxhack.livejournal.com]

Well, he isn't a complete stranger. I used to be an acquaintance of him in the past (when I was still friends with the person I mentioned.)

The thing is, the guy is highly professional, or at least appeared to be when I asked for the commission. I never, ever ask for commissions because I feel kinda weird asking for some, and this was the first time I asked for something that was not an icon. So you can bet your sweet patootie I won't be buying any more commissions in the near future because of him. -_-

[kassichu.livejournal.com]

Out of curiosity, what did you want a chibi of?

[foxhack.livejournal.com]

Oops, I thought I'd mentioned it in my post.

He was making chibis of people's personas. He made one of his own, and of his friends, as examples. Simple, colored sketches.

[kassichu.livejournal.com]

Here you go. Sorry it probably isn't worth for $5, but it's the least I could go. I'm sorry you got ripped off.

[foxhack.livejournal.com]

Um... It's not that I'm not thankful, but there really wasn't a need for you to do that. At least not for free. >_>;;

I was about to leave a followup post. He just refunded the money, with interest... so if you want, I can pay you for taking the time to do this sketch. I really wasn't expecting it, so I feel it's only fair. :)

[kassichu.livejournal.com]

I was kind of bored, so I don't want to be paid. I wanted to draw something anyway.

[foxhack.livejournal.com]

Well... Y'see, I think it's a cool sketch, and I'm really thankful, but the front paws are supposed to be the same color as the feet. Which is why I wanted to give you the money, so I didn't feel like an ungrateful bastard when I asked that you fix the colors. ^^;

Yep, I suck. >_> Still, I'm pretty thankful for your act of boredom. ^^;

[kassichu.livejournal.com]

Oh, all I had to work from were your userpics, and they all looked different somehow. Like i one of them, the hair was white.

I reuploaded it, but now the cache has to catch up with it.

[foxhack.livejournal.com]

Well, thank you. You rock. :)

[zoom-gas.livejournal.com]

That is super cute and sweet of you!!!

[dhstein.livejournal.com]

It's five bucks. You can only ask for so long. The guy has obviously weaseled out.

[johnnyblanco.livejournal.com]

I agree with dhstein .. if it's taken him this long and he's still not done the art.. write 'em off. It sucks, I know.. but there's nothing else you can do. You can also write him a email, nothing nasty.. just ask him why he's done art for others and not for you as you were the first in line to do so. I have written so called nastygrams in the past and they get the job done.. almost immediately. ;)

Johnny

[tensik.livejournal.com]

I must speak up and advocate the deadline approach. I would give him until after the next available break - Memorial Day is a little ways off, it's three days of nothing, and also gives him plenty of real time in the meantime to do it. Tell him that if he does not get it done by memorial day, you will expect a refund to be received by June 10th (or whatever) and that you suggest he sends it signature required so that there is no question that it was received by either side.

I'm very strongly of the opinion that artists walk all over commissioners with timelines simply because they can, that *makes fainting motions* "creative genius" can't be rushed. Maybe not, but common courtesy should not be pushed to the side, especially when the artist is producing other art. You should have received an offer of refund several times over by now with that kind of delay.

[foxhack.livejournal.com]

A problem with that is that he isn't American. :p

I already sent him a very vocal request for the image. I can understand computer failure (which was the cause of the first delay), but four months have passed since then.

[dinogrrl.livejournal.com]

I agree with this. If you can't stand up and say 'I want this done by this time,' then some people will take advantage of you and you WILL be waiting forever. Give him a deadline you want the art by, and if he hasn't produced anything by then tell him you want your money back by X date or you will be forced to post his name to sites like this to warn others.