In the art market prices are not always public, commissions often remain opaque, and whoever recommends a purchase may have a hidden interest in the sale. Moreover, since there is no regulated professional register for art advisors, anyone can claim the title.

To make sure an opinion is truly independent, it is essential to ask the right questions before starting. A serious professional expects these questions and answers them with complete transparency; anyone who avoids them, changes the subject or postpones the discussion has already given an answer.

Role and independence

  • Who the advisor works for: an exclusive mandate is the first condition of independence. The right answer is that only one party is represented: the client.
  • In what capacity they act: it should be made clear whether the professional acts purely as a consultant (giving technical opinions and leaving the negotiation to the client) or as an agent authorized to negotiate and close the transaction. The two roles carry different legal responsibilities, and any move from one to the other requires a formal statement.
  • Direct interests: it is essential to check whether the advisor owns the work (wholly or in part) or is handling its sale on behalf of others.

How fees are structured

  • Who pays the fee: the source of the remuneration must be clear and disclosed (the client or third parties).
  • How it is calculated: it should be specified whether the fee is hourly, a flat fee, a percentage of the transaction value or contingent on completion, and whether ancillary costs (condition reports, shipping, insurance, travel) are included or invoiced separately.
  • Timing and clarity of the agreement: the financial terms must be agreed in writing before the assignment is given, not once the transaction is complete, stating the fee the professional will receive at the end of the transaction.
  • Payment arrangements: it is wise to know from the outset whether the price of the work will be paid directly to the seller or the auction house, or whether it will pass through the advisor. In the latter case, the advisor's fee must appear separately from the price of the work.
  • Rebates and third-party payments: any commissions received from galleries or auction houses, trade discounts not passed on to the client, or payments from recommended conservators and shippers must be disclosed.

The same transparency should be asked of anyone who recommends a purchase outside independent advice: gallerists, auction house specialists or knowledgeable acquaintances. Each plays a legitimate role; what matters is knowing that role precisely before making any decision.

All these elements should be set out in a written contract. A formal agreement clearly defines on whose behalf the mandate is held, the scope of the transaction, the powers conferred, the amount of the fees and how every operational aspect is handled.