Do I need a written contract when selling or consigning artwork?
info Answer
Highly recommended. Written contracts are essential to clarify terms like price, payment, commissions, delivery, insurance, whether warranties as to authorship and authenticity have been made or disclaimed, and risk of loss. Without one, disputes over ownership, authenticity, or responsibility can arise and be difficult to resolve as well as extremely costly.
A written contract is one of the most important safeguards when selling or consigning artwork. Art transactions often involve high-value pieces, multiple parties, and complex arrangements, so relying on verbal agreements or informal emails can leave room for misunderstanding. A clear contract lays out all the essential terms—such as the price, payment schedule, commissions or fees, delivery and shipping responsibilities, insurance coverage, and how risk of loss will be handled. It also allows the parties to state whether they are making or disclaiming any warranties about authorship or authenticity, which can be crucial if questions about the work arise later.
Without a written agreement, parties may end up in costly disputes over ownership rights, condition, authenticity, or unpaid funds, and resolving these issues after the fact can be extremely difficult—especially if the work has been moved or resold. Written contracts not only prevent confusion, they also provide clear evidence of the parties’ intent if a disagreement turns into a legal dispute. We help artists, collectors, dealers, and galleries draft and negotiate these agreements to protect their interests, clarify expectations, and keep transactions running smoothly.