5 Questions to Ask Before Buying Art


Category: Art Law

The Clarion List recently published an article regarding the five questions to ask before buying art, available here. To summarize:

  1. Is it a good fit?  Consider how the piece fits into your existing collection and where you would display it. Many galleries will allow you to take artwork home for a few weeks, which gives you a chance to experience the work and determine if it’s really true love.
  1. Is the price right? Check with an art consultant to learn more about the prices of works by the same artist, same school, or similar style before you buy.
  1. Is it authentic? A conservation scientist can typically determine if a work is consistent with the materials available at that time through scientific testing of the paint and the material upon which it is painted.  Once this is done, an expert in the stylistics of the artist is consulted to give an opinion regarding the authorship of the painting.  Collectors should also get certificates of authenticity and provenance at purchase, which will help collectors seeking appraisals, buying insurance, or reselling.
  1. Is it in good condition? If you have any doubts about the condition of the work, consult with an experienced conservator before buying.
  1. Are you buying from someone who has the right to sell it? Although there are fewer risks with provenance and title issues when you buy an artwork directly from the artist, you should make sure that the work is an original, that it does not infringe on any other party’s rights, and that the artist has clear title to the work.  You should also know whether the artist retains any moral rights to the artwork, which could limit a buyer’s rights.

To learn more about the Art Law Practice at CASTAYBERT PLLC, click here.

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