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24 October 2026 · Updated at 07:47 GMT FR EN ES Member area Log in
Arbitration

Warranty disputes

Warranty of authenticity, conformity or title: scope, duration, implementation and remedies in a dispute before the TAO.

Updated : October 28, 2026· 3 min read

What the seller promises

Yokkaichi: View of the Mie River, from the series The Fifty-Three Stations of the Tōkaidō, Utagawa Hiroshige (c. 1833–34)
Yokkaichi: View of the Mie River, from the series The Fifty-Three Stations of the Tōkaidō, Utagawa Hiroshige (c. 1833–34)

A warranty is the seller's promise about the quality of what is sold. In the art market, it covers authenticity, conformity to the description, ownership and sometimes the state of conservation. It is rarely discussed as long as all goes well, and becomes central when a problem appears.

Warranty disputes account for 9% of requests. They often overlap with authenticity and provenance disputes, but concern specifically the contractual scope of the seller's undertaking.

This page presents the types of warranty, their duration and their implementation.

  • Warranty
  • Notification
  • Remedy

Warranty disputes in figures

9%Share of requests
5 yearsUsual duration
9 monthsAverage duration
41%Disputes with a limiting clause

Source: Registry of the OIMAP Arbitral Tribunal.

Breakdown

Authenticity38%
Conformity28%
Title to property20%
State of conservation14%

Warranties invoked.

Types of warranty

The warranty of authenticity concerns attribution to an artist. The warranty of conformity concerns the description: dimensions, technique, period. The warranty of title ensures that the seller is the owner and that the work is free of encumbrances. The warranty of condition concerns restorations and damage.

Each warranty has its own scope. The contract must be precise: a warranty of authenticity does not carry a warranty of condition, and vice versa.

Dr. James Stuart; Mary Campbell Stuart, Gilbert Stuart (c. 1815)
Dr. James Stuart; Mary Campbell Stuart, Gilbert Stuart (c. 1815)
Seal with Two Qilin Playing (1849)
Seal with Two Qilin Playing (1849)
Sketches in Belgium and Germany, Volume I: Hall of Justice of the Magistrates du Franc, Bruges, Louis Haghe (1840)
Sketches in Belgium and Germany, Volume I: Hall of Justice of the Magistrates du Franc, Bruges, Louis Haghe (1840)

Duration, limits and clauses

The usual duration of the warranty of authenticity is five years from the sale. Beyond that, the buyer may still act on other grounds, but proof becomes more delicate. Some warranties are perpetual, others limited to an amount (reimbursement of the price).

Limiting or exonerating clauses are allowed to the extent that the applicable law permits, but the tribunal interprets them strictly, particularly when the seller is a professional and the buyer is not.

Enforcing the warranty

A buyer who finds a defect must notify it within a reasonable time, in writing, with the evidence. The buyer must keep the work as it is. The seller may propose a joint appraisal, a price reduction or taking the work back.

Failing agreement, the matter is brought before the tribunal. It examines the defect, the scope of the warranty and any limits, and decides on the solution: reimbursement, reduction, damages or dismissal.

Comparing warranties before buying

Warranties vary from one house to another. Before bidding, read the conditions of sale, compare durations and remedies, and ask the house about its practice in the event of a challenge. A solid warranty is a component of the price.

OIMAP publishes a guide comparing usual warranties and a model notification form. The Market section details these practices.

Usual warranties

Four warranties
WarrantyUsual durationMain remedy
Authenticity5 yearsReimbursement of the price
Conformity2 yearsPrice reduction
TitleUnlimitedEviction, damages
Condition1 to 2 yearsRepair or reduction

Milestones

  1. Warranty

    Handing over of the certificate.

  2. Notification

    Dated writing.

  3. Evidence

    Report.

  4. Procedure

    TAO.

Notify without delay

Christ Driving the Money Changers from the Temple, Rembrandt van Rijn (1635)
Christ Driving the Money Changers from the Temple, Rembrandt van Rijn (1635)
The Antechamber of the Palace of Justice, Paris, Charles Meryon (1855)
The Antechamber of the Palace of Justice, Paris, Charles Meryon (1855)
Carved Lacquer Scroll Box (1736–95)
Carved Lacquer Scroll Box (1736–95)

Strict warranty or limiting clause

The Judgment of Solomon and Esther before Ahasuerus (pair), Dirk Vellert (c. 1530)

Strict

Full warranty
  • Full reimbursement
  • Buyer's security
  • Price often higher

Standard of the major houses.

Plate: Diana and Acteon, Maestro Giorgio Andreoli (1522)

Limiting

Restricted warranty
  • Ceiling or limited duration
  • Lower price
  • To be read carefully

Depending on the sale.

Invoking a warranty

  1. Read

    The terms.

  2. Notify

    In writing.

  3. Appraise

    Adversarially.

  4. Negotiate

    Mediation.

  5. Refer

    If necessary.

Items to keep

A collector

Creamer, Louis Rorimer (c. 1910)
« The warranty was clear, the notification made in time, the appraisal consistent: the reimbursement arrived in three months. »
Amélie Barthès, collector

Vocabulary of warranty

Warranty against eviction
Warranty against loss of ownership.
Limiting clause
Clause reducing liability.
Remedy
Solution granted to the buyer.
Notification
Dated written information.

Frequently asked questions

Is a warranty automatic?

Depending on the applicable law and the contract.

Can the warranty be transferred?

According to the terms of the contract.

Is OIMAP certification a warranty?

No, but it documents the work.

Where can I see authenticity?

Useful documents

Contacts

The Old Market, Cleveland, Frank Wilcox (1920)
The Old Market, Cleveland, Frank Wilcox (1920)
Registry of the Arbitral Tribunal (TAO)Paris — Head Office+33 1 00 00 04 00greffe.tao@oimap.exampleMonday to Friday, 9 a.m. – 5 p.m.

See authenticity disputes

Document Box (Ryōshibako) with Chrysanthemum and Plum (lid) (late 1800s-early 1900s)

Attribution and appraisal.

Authenticity disputes
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