Working with a gallery: consignment, purchase and representation

Verified on 27 October 2026. Should any information have changed, please notify me and I shall update it with the date of the change.

Working with a gallery can mean leaving works with it so that it tries to sell them, selling them to it directly, organising an exhibition or maintaining a stable representation relationship. Each arrangement changes who keeps ownership, who sets the price, when payment is made and what each party can do outside the relationship.

I have not found a specific, comprehensive Spanish regulation of the contract between artist and gallery. The general rules on obligations and contracts, intellectual property, commerce and taxation apply and, depending on the case, those on deposit, commission, sale or other legal forms. This guide does not classify any particular contract or replace its legal review.

Common arrangements

Handing over works for sale

The artist hands over works so that the gallery can keep, show and try to sell them. Ownership does not pass to the gallery by the mere handover. The contract should specify whether the gallery sells in its own name or on behalf of the artist, how it documents the transaction, what amount corresponds to each party and when it settles.

Designating an arrangement as a 'consignment' does not, in itself, resolve the entirety of the professional relationship. It may also encompass intermediation, exhibition, image authorisation, and the provision of services.

Direct purchase

The gallery purchases the piece and becomes the owner of the physical object. Price, invoice, delivery, risks and image rights must be agreed. Purchasing the physical object does not, in itself, transfer exploitation rights.

Article 24 of the Intellectual Property Act contains an exception to the resale right: it does not apply to the resale of a work that the gallery purchased directly from the author when two conditions are met cumulatively: no more than three years have passed since the acquisition, and the resale price does not exceed 10,000 euros, excluding taxes.

One-off exhibition

The gallery organises an exhibition for a set period. As well as the terms of sale, the agreement should cover selection, production, transport, insurance, installation, communication, opening hours, return and cancellation. An exhibition does not in itself create an obligation of later representation.

Ongoing representation

The gallery assumes responsibilities for promotion, exhibition, sales, and engagement with collectors or institutions for a defined period. The scope may be restricted by work, series, territory, channel, or client category. The term 'representation' should not be employed as an indeterminate promise.

Inventory and handover

Every work that comes in or goes out should be documented in a signed list that includes:

inventory number, title, year, medium and dimensions;
photograph and condition;
retail price and discount terms;
handover date and term;
insured value;
location, or whether it may be moved to fairs, storage and other venues;
person authorised to collect or return the works.

Update the document with every sale, loan, move or return. The artist's inventory should match the gallery's.

You may utilise the master work record in ODS format to maintain your inventory, and the 'Gallery Consignment' sheet included within the same file to record each delivery. The consignment sheet in CSV is also available.

The consignment sheet is a record of what has been handed over. It lets you link each movement to the inventory number, pull in the title automatically in the ODS and note the condition, retail price, split, insurance and return or sale. It does not replace the contract, nor does it on its own govern custody, liability, insurance, commission, discounts, payment terms or return. Those terms must be agreed separately.

Do not provide signed blank certificates. If the work is sold, identify the buyer when legally possible, along with the date, final price, discount and settlement calculation.

Price, split and settlement

The contract should settle:

who sets and changes the retail price;
whether the gallery may give discounts, and up to what limit;
what amount each party's share is calculated on;
who bears taxes, financial costs and discounts;
when the artist's right to payment arises;
within what timeframe the gallery must settle;
what information and documents accompany each settlement.

There is no legal or universal commission percentage. A percentage can only be judged together with the services, costs, risk, territory and exclusivity involved.

Payment terms should not rely upon vague phrasing such as 'when possible'. Should the gallery permit instalment payments for a purchaser, it must be established who bears the risk of non-payment and whether the artist is remunerated in stages or upon completion of the sale.

Exclusivity

An exclusivity arrangement should define:

works or production periods covered;
territory;
channels and clients included;
duration and renewal;
sales from the studio, the website, fairs and other galleries;
commissions, public art, licences and institutional sales;
minimum obligations of the gallery;
consequences of breach, and exit.

A worldwide exclusive covering the whole of the artist's output, with no activity obligations for the gallery, ties the artist down without guaranteeing promotion. Exclusivity should be matched by verifiable commitments.

Costs

Set out in writing who bears production, framing, photography, packaging, transport, customs, storage, installation, catalogue, advertising, fairs, travel and returns. Distinguish the gallery’s own expenses from advances that can be recovered from future sales.

If the gallery is permitted to deduct costs prior to calculating the distribution, enumerate these expenses and require supporting documentation. Avoid open-ended expressions such as 'all related expenses'.

Custody, insurance and damage

Determine who is liable from collection until return and what coverage exists in the gallery, in the warehouse, during transport and at fairs. The contract must identify value, risks, exclusions, excess, beneficiary and claims procedure.

It is not correct to say that, if there is no insurance, all the risk automatically falls on the artist. Liability may depend on custody, diligence, the contract and the circumstances. The lack of cover does, however, increase the risk that an established liability cannot be met quickly.

Nobody should restore, clean or alter the work without authorisation, except in an emergency to prevent greater damage and with immediate notice.

Reproduction and communication

The gallery typically requires images for catalogues, websites, social media, press and archives. The authorisation must specify the works, purposes, media, territory, duration, credits, permitted modifications and when use ends.

Promoting the relationship does not automatically justify merchandise, editions, prints for sale, sublicences or later campaigns. Nor can the gallery authorise rights in photographs taken by third parties if it does not control them.

Information on sales and clients

Agree what information the artist will receive after a sale: date, work, retail price, discount, taxes, costs, payment term and general destination. Data protection may limit the disclosure of the buyer's personal information, but it does not prevent a verifiable financial settlement.

Confidentiality should protect legitimate information without preventing the artist from documenting the provenance of their work, meeting tax obligations or claiming sums owed.

Ending the relationship

Set out:

duration and notice period;
sales under negotiation when the relationship ends;
commissions on clients introduced by the gallery;
return, transport and deadline;
removal of images and updating of prices online;
outstanding settlements;
keeping documents and data.

Review the inventory together when the relationship ends. Do not sign a generic receipt if pieces are missing or there is unresolved damage.

If the gallery enters insolvency proceedings

Article 239 of the Consolidated Text of the Insolvency Act regulates the separation of third-party property held by the insolvent party over which the latter has no right of use, security or retention. The owner may request its delivery; if the insolvency administration refuses, the decision may be challenged before the insolvency judge.

Unsold work: requesting separation and delivery

Practical efficacy depends on proving:

That the work belongs to the artist or another owner.
Which specific piece is being claimed.
That it was delivered on consignment or for a defined purpose.
That the gallery did not acquire a right of retention or security interest.

Consult the declaration and procedural data in the Insolvency Public Register and communicate the claim through a verifiable medium. In a real-world situation, legal assistance is advisable: deadlines and procedural standing are significant.

Sold and unpaid work: claiming the amount due

If the work has already been sold and the artist has not received payment, the piece generally cannot be recovered from the buyer solely due to the gallery's failure to pay. The claim becomes a credit against the gallery and will depend on the contract, the transfer, the payment and the insolvency classification. Short settlement periods and the obligation to report every sale reduce the period of exposure.

Signs to stop

Not even the list of works handed over is signed.
Payment has no deadline or documentation.
The gallery can change prices and discounts without limit.
The exclusive is broad, open-ended and without matching obligations.
Recoverable costs are not defined.
Custody, insurance and return are not clarified.
A general authorisation of all rights, for any use, is required.
The gallery charges for exhibiting and also takes a commission without explaining the services or costs.

No single sign proves anything unlawful on its own. It does show that the risk or the decision-making power is unbalanced.

If the gallery charges the artist to exhibit, the nature of the relationship changes. The guide on pay-to-play calls and rental galleries assists in distinguishing between them.

Itinerary

Before submission

Sign a contract.
Complete inventory and condition report.
Define commission, discounts and payments.
Review insurance, transport and custody.
Keep a copy outside the gallery.

During the relationship

Reconcile inventory periodically.
Demand notification of sales.
Issue or receive detailed settlements.
Register loans and transfers.
Document any damage.

In the event of non-payment or insolvency

Suspend new deliveries.
Check the Insolvency Public Register.
Gather contract, inventory, photographs and communications.
Identify unsold works and outstanding amounts.
Seek advice and act within the deadline.

On the open conversation

This guide describes common arrangements and the questions best settled in writing. It does not propose percentages or a contract ready to sign. If you run a gallery or work with galleries as an artist and notice a point that needs clarifying, the guide remains open.

How to work with a gallery: consignment, purchase and representation