The art market is often driven by passion, reputation and trust. Yet behind every significant acquisition lies a complex legal framework that can have a direct impact on an artwork’s ownership, value and future resale.
In this interview, Hélène Bergerhoff, Attorney-at-Law specialising in corporate and banking law with a particular focus on art-related transactions, shares her perspective on the legal complexities of the international art market. From provenance and «good and marketable title» to contractual negotiations, cross-border transactions and the growing impact of artificial intelligence, she explains why even transactions involving the world’s most established auction houses require careful legal consideration.
For collectors, entrepreneurs and private clients increasingly incorporating art into their broader wealth strategies, the conversation offers practical insights into one essential principle: trust and reputation are important, but they should never replace proper due diligence and contractual protection.
— What first drew you to specialise in the area of art law?
I first became interested in art law when I had the professional opportunity to assist with the management of art collection sales. This opportunity not only allowed me to handle artworks, but gave me my first insight into how art transactions and the art market work in practice.
It also introduced me to the specific markets for books, furniture, decorative objects, porcelain, silverware, and other collectibles. I immediately found it extremely engaging. In fact, I did not count the hours of work or travel distances, and I did not mind the early mornings, late nights, or the extreme cold when working in warehouses.
I was simply happy to carry out all the tasks asked of me, whether legal or more practical, and learn as much as I could. Even today, this remains one of my happiest professional memories.
Later, during my LL.M. at Queen Mary University of London, I took a course in art law, which helped me explore the subject more deeply from a legal perspective. Then, when I started specialising in contract law in Lugano, I was thrilled to have the opportunity to review art-related transactions and put what I had learned at Queen Mary into practice.
This experience confirmed that I wanted to develop my specialisation in art law. Even when I am not directly handling the artwork itself, I am always very enthusiastic about working on these transactions.
— Many collectors assume that purchasing through a well-known auction house is automatically safe. What are the biggest misconceptions buyers should be aware of?
Reality is always more complicated than it may seem. Auction houses are excellent and highly experienced market participants, but they can act in different roles, either as principals or as intermediaries.
This means that their interests, or those of the seller they represent, are not always fully aligned with those of the buyer. For example, their terms and conditions may limit their liability, as well as the warranties, guarantees, and remedies available to the buyer.
So, buyers should not simply assume that their interests and rights are fully protected. They should review the terms carefully and carry out proper due diligence on the artwork before completing the transaction, even if sometimes this is done mainly as a precaution.
— Concerning the «good and marketable title» clause, why is provenance becoming increasingly important in today’s international art market?
Buyers usually want to acquire an artwork with good and marketable title, so that the artwork can be validly transferred and later resold without unresolved claims.
In practice, this involves checking that the seller is the owner, or is duly authorised to sell, and that they have the legal right to transfer ownership to the buyer. This means making sure that the artwork is free from any existing or potential third-party rights, restrictions, or claims, for example claims relating to theft, looting or illegal export.
Today, this is not just a legal formality. Because collectors, auction houses, and other market participants are very cautious about these issues, good and marketable title has become essential to preserve the value of the artwork and to make any future resale a success.
— Art is increasingly viewed not only as a cultural asset but also as part of a broader wealth strategy. From a legal perspective, what makes art different from other investments?
Art transactions differ from other investments because the artwork’s value and transferability depend not only on market conditions, but also on other factors such as authenticity as well as good and marketable title of the artwork.
Any uncertainty regarding, for example, ownership, third-party claims, export restrictions or authenticity can directly affect the validity of the transaction, the value of the artwork and its future resale.
For this reason, art acquisitions require careful legal due diligence and properly drafted contractual agreements.
I would also like to add that art is very personal. Either you are interested in art, or you are not. You may like a work or an artist, or you may not.
Therefore, not everyone is interested in, or feels comfortable with, investing in something that is so closely connected to today’s taste, emotion, and culture, as well as to how these may evolve in the future.
I believe this makes art different from more traditional investments. Its value does not depend only on the market, but also on the tastes and emotions of collectors at a particular moment in time.
It is very difficult to predict which artist or artistic movement people will like in the future, or what collectors will want to buy, especially when dealing with contemporary artists.
— Will the artist stand the test of time, or will they be forgotten? Will the price of a well-renowned artist continue to increase, or has it already reached its peak?
See Alberto Giacometti case concerning a 1955 bronze bust which failed to sell after receiving zero bids against a $70 million estimate in 2025.
These questions are very difficult to answer. For that reason, I think a buyer should first invest in art because they genuinely like the work, not only because they expect a financial return.
If they truly appreciate the artwork, then even if the market does not evolve as expected, the acquisition will still have personal value.
— Private collectors, entrepreneurs and family offices often acquire artworks across different jurisdictions. What legal challenges arise when transactions become international?
International art transactions can raise a number of legal challenges, including import and export rules, cultural heritage restrictions and tax consequences.
These matters can affect the timing, cost and validity of the transaction. It is therefore recommended to seek relevant specialist advice, such as tax and customs advice, in each jurisdiction involved.
From a contractual perspective, the main clauses to consider are those relating to the applicable law and the courts having jurisdiction in the event of a dispute.
For example, when a foreign auction house is involved, its standard terms often designate the law and courts of the country where it is based. Therefore, if a buyer wishes to bring a claim against the auction house, they should be prepared to commence proceedings in a foreign jurisdiction and bear the related legal costs.
— Concerning the importance of negotiating contractual clauses rather than simply accepting standard agreements, which contractual mistakes do you encounter most frequently?
It varies depending on the specific agreement, the approach taken by the auction house or other participant, and what the parties may have negotiated in previous transactions.
In many cases, the issue is not one particular clause, but several legal points, sometimes quite small ones, scattered throughout the agreement.
Key legal provisions concerning title, authenticity, limitations of liability, warranties, remedies, payment, delivery, transfer of risk, transfer to heirs, jurisdiction, and applicable law should therefore be carefully reviewed in light of the specific artwork, the role and situation of each party, and the commercial context of the sale.
— How has the legal landscape surrounding art transactions evolved over the past decades, particularly regarding compliance, transparency and due diligence?
Art transactions have become increasingly regulated and compliance-driven, with greater emphasis on transparency, anti-money laundering checks, sanctions screening, provenance research and due diligence on both the artwork and the parties involved.
Buyers should not rely only on trust or reputation: transactions should be properly documented, with, for example, title, authenticity and any legal restrictions or third-party claims carefully verified.
However, even with these checks, risks remain, which is why careful contractual protection and specialist advice are still essential.
— Do you see growing interest from younger entrepreneurs and athletes in collecting art? If so, what advice would you give someone making their first significant acquisition?
I am not specifically aware of whether there is growing interest among younger entrepreneurs and athletes, but for anyone making a first significant acquisition, my advice would be to proceed with curiosity, but also with awareness.
As I mentioned, art is very personal. I think the first step should be to choose an artwork they genuinely appreciate, and not only one they believe may increase in value.
They should then take the time to understand the artist, the market, and the gallery, auction house, or seller involved.
— There is also another question that a young or future collector may ask themselves when deciding whether to acquire an artwork: what kind of cultural and artistic direction do I want to support?
I believe this is not a negligible question, because when someone buys art and starts building a collection, they are not only making a personal or financial choice. They are also choosing to support an artist, and sometimes even a broader artistic movement.
In that sense, collectors can play a role in shaping the market and contributing to the visibility and recognition of certain artists, both now and in the future.
So, for a first significant acquisition, I think the buyer should ask themselves not only whether they like the artwork, or whether it may increase in value, but also what artistic direction they would like to support and perhaps, even as a small grain of sand, help pass on to future generations.
— Artificial intelligence, NFTs and digital authentication are changing the art world. Which legal developments do you believe will have the greatest impact over the next decade?
I think the greatest impact will come from legal developments around AI authentication, digital provenance, AI artists, and copyright in AI-generated works.
As AI is increasingly used to create art, create convincing imitations and authenticate artworks, the law will need to clarify issues such as authorship, ownership, and liability, for example.
In the coming years, I believe that clear contractual terms and stronger standards for digital authentication will become essential to protect buyers, sellers and the integrity of the art market.
— When should a collector involve a specialised lawyer: before signing an agreement, during negotiations, or only if a dispute arises?
During negotiations before signing the agreement, so that the key risks are identified and addressed before the transaction is completed.
— What role do trusted advisors play in helping collectors avoid costly mistakes during acquisitions or sales?
I think that they usually act as direct points of contact with the auction house, galleries, seller or buyer, managing the negotiation process, reviewing the key terms, coordinating due diligence and, where appropriate, being present during the auction or sale process to help the collector make informed decisions and avoid costly mistakes.
— Looking ahead, what trends do you believe will shape the future of international art transactions?
As previously mentioned, I believe AI will probably reshape the art market.
— If a client had €1 million to invest in art tomorrow, what are the first three legal questions you would advise them to ask before making any decision?
- Does the seller have good and marketable title to the artwork and the legal right to transfer ownership free from third-party claims or restrictions?
- Has proper due diligence been carried out on the artwork, including but not limited to authenticity, condition and provenance?
- Are the key contractual terms clearly documented, including but not limited to warranties, liability limitations, remedies, payment, delivery, risk transfer, transfer to heirs, jurisdiction and applicable law?