The two operational phases

  • Advice: analysis of the collector's needs, guidance on artists and buying or selling channels, examination of the works proposed, and coordination of due diligence, whose art-historical part is entrusted to specialists in the artist and whose analyses are entrusted to independent laboratories. The starting point is always the client's vision.
  • Representation: negotiation of prices and terms with galleries, dealers and auction houses, handling of private treaty negotiations and execution of the client's instructions, ensuring that the transfer of ownership is documented and that the object file is complete; checks on title remain with the lawyer.

The pillars of independence

What an advisor does not do is what defines their neutrality. Independence rests on precise constraints:

  • The advisor maintains no inventory for sale and accepts no works on consignment.
  • The advisor does not act as a dealer in any transaction.
  • The fee comes from the client alone, as explained in the article on fees.

Advisor, appraiser and collection manager: the distinction

  • Art advisor: advises on and negotiates market transactions on the client's behalf.
  • Appraiser: prepares reasoned, independent valuations intended to stand up before third parties.
  • Collection manager: looks after the existing collection (inventory, conservation, movements).

The three activities may be carried out by the same professional under formally separate and disclosed engagements. The main incompatibility concerns the same work: whoever has appraised it does not then handle its sale as advisor, just as whoever sells for a client cannot also represent the buyer.

The contractual framework

The advisory relationship does not depend on a formal title but on the written contract with the client, which defines powers, the scope of the transaction and the fee. Protection of the legal aspects and of title to the works remains the province of the lawyer.