It is not unusual for art dealers to enter into agreements with artists without a written contract. However in fifteen states, a written contract is required by statute if the art dealer wants to sell an artist’s work on consignment.
The requirements of the contract will vary from state to state, so if you have, or are, an art dealer in a state listed below, you’ll want to check the law. But generally the contract needs to include minimum sale price and payment terms.
If you are a dealer or an artist, the written contract requirement is an excellent opportunity to define the terms of your agreement with one another – to ensure that both parties are on the same page.
States with required written contracts for fine art consignment sales: Arizona, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Missouri, Montana, New Hampshire, Ohio, Oregon, Pennsylvania, Washington, Wisconsin.