If you purchase an original painting, you have every right to resell it. However, it may not be looked well upon if that was your motive from the beginning. You then are sort of becoming a dealer and are buying to resell and make yourself a profit. Basically, if it went only so high the first time, then why would it go way higher a second time? Many factors would be the basis for this: not the right person saw it when the artist listed it, it ended at an awkward time, eBay was slow that week, the quality of the work may not be really high enough to spend alot on it, the bidders who saw it love it but could not afford to spend that month, etc. etc.
I would contact the artist before reselling it in the same venue, just for my own personal set of etiquette related feelings. It just seems kind of rude and may cause some feeligns of mistrust.
I sold a large painting 3 yrs ago and the buyer decided a yr down the road that they should not have spent that much money and needed cash. She contacted me to ask if I would mind if she resold it on eBay. I told her that she could go ahead, thanks for letting me know. I don't know what happened.
I have a regular buyer that I felt originally may be reselling my work in an Overseas Gallery. I don't have a problem with that as I am receiving more than enough for it myself. Basically it's like dealing with a gallery anyway.
However, I would be quite upset and would go after damages if I did discover someone was reproducing my originals for a commercial purpose. This is not legal unless I sell the rights to the original as well as the original. Policing such things is very hard for an individual artist.
My opinion is, no, I would not do this. I would approach the artist directly if I felt I could market and get better prices for their work in a certain venue.
Your choice. Just be careful doing things liek that without finding out the person's opinions on you reselling their work right where you bought it. But, reselling it because you no longer want to hang it is different. I'd really contact them first even in that case.
Joss

It is all a matter of treating others how you would want to be treated yourself. An original is not allowed to be reproduced and used for a commercial purpose. It does stand up in court, we were shown many examples at The Ont College of Art while I was there, personal little examples that diff instructors had experience with.
Basically, you can resell anything you buy. It is all personality that determines what and how people choose to conduct themselves. Do what feels right to you or what you would expect back. Just becasue an action is not illegal or wrong does not mean it may not reflect on that person in a negative light with others.

Hmmm, I may be in the minority here but I think art is like any other commodity sold on Ebay or elsewhere. Once I sell it to a person, they have the right to resell it at their discretion. Period. To feel that they should ask me first sounds to me like some kind of sick controlling behavior. They own the artwork (even it I retain the copyright to the original image) and it's theirs to do as they wish. For them to have to contact me and ask me? Huh? It's their property and their money and they don't need my approval or permission to decide how to handle it.

No Harold you got it.

Think of it this way, would you rather someone throw away a painting you sold them or sell it? Just to keep the wood? chances are you would sell it, and if someone is willing to spend 50.00 or more or whatever for it its not going in the garbage, why on earth contact the seller. His art is being taken care of by someone else willing to pay more? Or is it you just want to pump his ego?

Tell me how mr law expert? The date? give me a brake who came first the chicken or the egg?

I just wanted to let you know off the topic of your question to be careful about this statement: "most of the time I end up painting over it or dismantling it for the stretchers"

I'm not sure if you were talking about your own work or someone else's. If it is your's fire away but if it someone else's art you should know that the destruction of an artist's work may be a violation of the 1990 act: Visual Artist's Rights Act. It is hard to know for sure what is covered and the courts are all over the place about enactment, but any artist can try to bring a claim against someone who destroys their work under it. And sometimes the Volunteer Lawyers for the Arts are eager to use it in their work.

The works covered is vague: "VARA covers only limited, fine art categories of "works of visual art": paintings, sculptures, drawings, prints, still photographs produced for exhibition. Within this group, only single copies or signed and numbered limited editions of 200 or less are actually protected. ..."

But we were involved as expert witnesses in a case and I assure you - you don't want to be trying to explain to a judge that you didn't destroy someone else's artwork - who knows what the judge and jury will or will not deem as art and the lawyer and expert fees will not outweigh the savings on canvas regardless of the decision of the court. lol.

Court rulings are all over on the law, some deem that what was destroyed did not qualify as "art", but one decided that a mural painted by two college students could not be removed from their dorm under VARA. So go figure.

For more info on VARA you can visit: Link

On topic, as a seller you can sell whatever you want. I'm not sure how bidders who found out that they could have gotten the same thing at the same place will feel if/when they find out about it though, it doesn't take long for people to figure out that someone else has what you have at a discount.