The FAR® Blog

You’ve often seen advice that you should get the terms of your sale or purchase of a piece of artwork in writing. But does just any old writing do? What is it about a piece of paper that turns it into a genuine contract, enforceable in court?

The sale and purchase of an artwork is more complex than the sale of many other consumer products, because the artist maintains the legal copyright and moral rights of the work even after it is physically transferred to a new owner. This being the case, it is fitting that the occasion of an art sale be granted proper dignity and clarity by spelling the terms of the sale out in writing, so that both seller and purchaser understand the nature of the transaction, as well as to ensure both artist and art purchaser’s rights are understood and protected .

In this article, attorney and Fine Art Registry legal analyst Cindy Hill explains the classic law-school definition of a contract and the effects that state contract laws and the Uniform Commercial Code have on your agreement to buy or sell a piece of art. Do you know what terms should be covered in your agreement to buy or sell an artwork, whether any special “legalese” has to be included, and what a court will look for if that agreement ever has to be enforced with legal action? Does a sales receipt count as a contract for the purchase of art?

Artists, art buyers, and art sellers should all understand the legal issues at stake when engaging in an art transaction, and should also understand that all the terms of a contract for the purchase of art are negotiable. The point is to come to that ‘meeting of the minds’ where the buyer and seller agree as to the terms and conditions of the sale. This article will help art buyers and sellers come to that meeting of the minds, and enter into art sales agreements that protect everyone’s rights and interests.

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