Should Condition Reports Be Included in Online Auction Catalogs

In two recent Christies Tribal art auctions in Paris, I was curious to note that there were no condition reports of any kind in the online auction catalog.

This Easter Island figure was the most important object in the sale. No condition report was offered.

The second part of the Maori figure offers everything but a condition report

Note Bonhams offers a link to obtain a condition report. This is better than nothing; however, for full transparency this information should be placed prominently on the online catalog record with provenance and collection history.

As buyers have become more comfortable bidding online and not even being present for a personal inspection. This seemed counter intuitive as one would expect more not less information. So I posed the question as a buyer looking for guidance. Is condition important and if so why?

Yes, the condition of a tribal art object absolutely impacts its value, and it is essential that this information be clearly and thoroughly mentioned in an auction catalog.

Condition is a primary determinant of value in tribal art, even more so than in some other art forms due to the age, materials, and original functional/ritualistic nature of many pieces.

Positive Impact: A well-preserved piece with an authentic, undisturbed patina, minimal or no damage, and professional, sympathetic restoration (if any) will command a higher price. It speaks to the care taken over its history and its integrity as an object.

Negative Impact: Significant damage (breaks, losses, severe erosion, insect damage, poor repairs) will substantially reduce an object's value. Over-restoration or inappropriate repairs (e.g., using modern materials or techniques that alter the original appearance) can also be detrimental.

Nuance: Unlike a painting that might be expected to be pristine, tribal art often has "honest wear" from its original use. This wear, like a smooth, dark patina on a continually handled mask, can add to its authenticity and appeal. A good condition report differentiates between this culturally relevant wear and actual damage.

Should Condition Be Mentioned in an Auction Catalog?

Unequivocally, yes. It is a fundamental expectation in the art market, especially for tribal art.

Transparency and Trust: Providing a detailed condition report builds trust between the auction house and potential buyers. Buyers need to be fully informed to make educated bidding decisions.

Due Diligence: While auction terms often state that items are sold "as is," a responsible auction house provides sufficient information for bidders to conduct their own due diligence. The catalog description, especially the condition report, is a critical part of this.

Legal and Ethical Obligation: Many jurisdictions and professional art market standards consider it a legal and ethical obligation to disclose significant condition issues. Misrepresentation or omission can lead to disputes, rescission of sales, and damage to reputation.

Facilitating Informed Bidding: Without clear condition information, bidders are guessing. This can lead to lower bids (due to uncertainty), or worse, angry buyers who feel misled after the sale.

Auction catalogs typically include a "condition report" or "notes on condition" section for each lot. This should detail:

Overall state of preservation.

Presence and nature of any cracks, losses, abrasions, or repairs.

Type and extent of restoration, if known.

Description of the patina and surface.

Any structural issues.

Inclusions of photos highlighting specific condition issues.

Implications of Not Mentioning Condition in an Auction Catalog

The implications of not mentioning condition, or providing an inadequate report, are severe and can have significant negative consequences for the auction house, the consignor, and the buyer:

Loss of Trust and Reputation: This is perhaps the most damaging long-term implication. Buyers who feel deceived will lose trust in the auction house, impacting future sales and consignments. Word spreads quickly in the art world.

Legal Disputes and Lawsuits:

Rescission of Sale: Buyers can often legally challenge a sale and demand a refund if the item's condition was materially misrepresented or not disclosed, especially if it significantly impacts the value and was not reasonably discoverable by the buyer before the sale.

Breach of Contract/Fraud Claims: Depending on the jurisdiction and specific circumstances, non-disclosure could lead to claims of breach of contract or even fraud.

Financial Losses for the Auction House:

Refunds: The auction house may be forced to refund the buyer's payment, including the buyer's premium.

Legal Fees: Defending against lawsuits can be costly.

Damaged Consignor Relationships: Consignors whose objects are returned or whose reputations are affected may pull future business.

Devalued Objects: If an object's true condition comes to light after a sale and was undisclosed, its perceived value can plummet. It might become "burned" in the market, making it difficult to sell again, even at a much lower price.

Lower Bidding and Prices: Savvy bidders will always assume the worst if condition isn't detailed. This uncertainty leads to more conservative bidding or no bids at all, ultimately suppressing prices.

Ethical Concerns: Omitting crucial information about an object's state is considered unethical in professional art market practices.

In conclusion, for tribal art, where age and traditional use often mean inherent signs of wear, a precise and transparent condition report in an auction catalog is not just good practice—it's an absolute necessity for maintaining market integrity, preventing disputes, and ensuring fair value for both sellers and buyers.