What is a consignment agreement?

A consignment agreement is a contractual agreement between an artist and a gallery or other art representative. This agreement is used to specify the terms and conditions for the sale of artwork from a gallery or other representative to a buyer. Generally, the agreement outlines the rights and responsibilities of both parties. In the state of Texas, a consignment agreement must be in writing and should list the names of the parties involved, the artwork covered by the agreement, the price and terms of the sale, a description of the artwork, and the terms of payment for the art upon its sale. Additionally, the agreement should establish the responsibilities of the artist or representative such as the return of the artwork to the artist if it is not sold within the specified timeframe, the payment of commission to the representative, and the rights and authorities of both the artist and the representative. A consignment agreement also helps ensure that the artwork does not become the property of the gallery or representative, and allows for the artistic control of the artwork to remain with the artist. In Texas, failure to include a written consignment agreement may result in the gallery or representative owning the artwork, which can lead to costly legal issues.

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