Swain's Fine Art House

Terms of Sale

These terms govern all transactions conducted through Swain's Auction House. By registering to bid, you agree to be bound by the following conditions.

Registration & Bidding

All bidders must register with valid government-issued identification and an approved payment method on file prior to participating in any auction.
A bid placed in any format—online, telephone, or written—constitutes a binding contract to purchase the lot at the bid price plus applicable buyer's premium.
Proxy bidding is available: the system will bid on your behalf in minimum increments up to your stated maximum.
Minimum bid increments are established per lot and clearly displayed on each lot page.
Popcorn bidding applies: any bid placed within the final 2 minutes of an auction extends the closing time by an additional 2 minutes.

Buyer's Premium & Payment

A buyer's premium of 12-15% is added to the hammer price for lots up to $500,000. For the portion exceeding $500,000, a reduced premium of 9% applies.
Full payment is due within 7 business days of auction close. Failure to remit payment may result in forfeiture of the lot and suspension of bidding privileges.
Accepted payment methods: wire transfer, credit card, and ACH. Wire transfer is strongly recommended for transactions exceeding $50,000.
Payment plans may be arranged on lots exceeding $10,000, subject to approval by Swain's finance team.

Authentication & Condition

Professional condition reports are prepared by qualified specialists and are available upon request prior to auction close. These reports represent statements of informed opinion at the time of inspection and do not constitute warranties or representations of fact.
Provenance documentation is provided for every lot to the extent reasonably ascertainable. Swain's makes diligent efforts to trace ownership history but does not warrant the exhaustiveness or completeness of provenance records.
Swain's guarantees the authenticity of every lot for a period of 5 years from the date of sale, limited to the original purchaser of record. In the event of a dispute, determination shall be made by a mutually agreed upon independent expert. This guarantee does not extend to attribution qualifications such as "manner of," "circle of," "school of," or "attributed to."
Condition grades follow the Swain's standard: Excellent, Very Good, Good, and Fair. These grades are statements of opinion, not warranties. All lots are sold "as is" and prospective buyers are strongly encouraged to inspect works in person or request detailed condition reports prior to bidding.

Shipping & Insurance

The buyer is responsible for arranging and paying for shipping unless otherwise noted in the lot description.
All works are fully insured during transit at the combined hammer price plus buyer's premium value.
White-glove delivery service is available for works valued over $25,000, including climate-controlled transport and professional installation.
International shipping is arranged exclusively through vetted fine art shippers with demonstrated expertise in handling museum-quality works.

Returns & Disputes

Authenticity disputes: a full refund of the purchase price (hammer plus premium) will be issued within 5 years of sale if a lot is proven to be inauthentic by a qualified independent expert.
Condition disputes must be reported in writing within 48 hours of receipt. Claims submitted after this period will not be considered.
All disputes are subject to mandatory mediation before any litigation may be pursued. Mediation will be conducted under the rules of the American Arbitration Association.

Consignment Terms

Standard seller's commission is 15% of the hammer price. Reduced rates are available for Noir Circle members at the Black Diamond and Patron tiers.
Reserve prices are established in consultation with Swain's advisory team and are held in strict confidence.
Unsold lots may be returned to the consignor at their expense or re-offered at the next appropriate sale, at Swain's discretion.
Settlement of proceeds is completed within 35 business days of sale close, less applicable commission and fees.