Latest News Articles by Milton Silverman
A lawyer writes: When can an auctioneer be held liable legally?
07 May 2018I was consulted by an art dealer who bought a painting at auction which turned out to belong to someone other than the vendor. The painting went back to the true owner, the consignor to the auction was not worth suing, but did we have a case against the auctioneer?
A lawyer writes: Why the art trade’s oral agreements still stand
05 March 2018The recent court case concerning Simon De Pury’s claim against Swiss trustees for a commission of $10m on the sale of a $210m Gauguin (ATG No 2326) has raised a few eyebrows.
A lawyer writes: In Germany, a winning bid may not be a winner
29 January 2018I was enjoying the annual SLAD Christmas drinks in December, when a dealer started to recount an extraordinary experience he had with a German auction house.
Buyers: your rights with chargeback facilities
06 November 2017The Consumer Credit Act provisions enable an aggrieved consumer buyer to make a claim against the credit card company for any breach of contract or misrepresentation by the retailer or trader.
A lawyer writes: The fine balance in export licensing
30 October 2017The UK rules around judging export licence applications for art works need to be more straightforward...
Stargazer case looks at fundamental art issues
18 September 2017Christie’s sale of an ancient marble idol has created an art world battleground between Turkey and the saleroom, testing ownership laws...
A Lawyer Writes: When does sold really mean sold?
21 August 2017A lawsuit filed against Christie’s highlights the legal questions over when the legal title of a work transfers, writes Milton Silverman.
What you need to know about the ‘moral rights’ of an artist in law
19 June 2017An artist has moral rights in his or her work that cannot be ignored, as a recent case in France proved...
Best make it a flamboyant bid
08 May 2017When the hammer comes down on your bid, that means the lot is yours. Most of the time this is true, but not always. The auction process and the auctioneer are always fallible.
A lawyer writes: auctioneers need to mind the wording of their artist attributions or run risk of selling fakes
10 April 2017Three articles recently published in ATG focused on the sale of a painting and in each case the key issue was authenticity. Here, lawyer Milton Silverman provides advice, including legal precedent, on how auctioneers can avoid disputes relating to authenticity as a result of misattribution.
A lawyer writes - The big questions over authentication
04 March 2017The role and legal status of art authentication committees come under the spotlight in the latest column by Milton Silverman.