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ARTICLE · 17 NOVEMBER 2017

Secret Commission

A recent case from the US is a reminder of the risks of art dealers making secret commission.

United KingdomMedia, Telecoms, IT, Entertainment

A recent case from the US is a reminder of the risks of art dealers making secret commission.

Lisa Jacobs, a fine art dealer, acted as agent for Michael Schulhof, a former head of Sony America. He was acting as executor of his late mother's estate.

Jacobs brokered a deal in October 2011 whereby she agreed to sell an artwork called Future Sciences Versus the Man by Jean Michael Basquiat for a minimum purchase price of US$6 million. She was entitled to a US$50,000 fee when the sale completed. The agreement also provided that Jacobs was not entitled to "any fee from the purchaser, in cash or in kind."

In November 2011, Jacobs found a buyer, another art dealer called Amy Wolf, who was willing to purchase the artwork for US$6.5 million. Jacobs informed Mr Schulhof that she had managed to get the buyer up to a price of US$5.5 million. He accepted this. Jacobs suggested that the deal be structured in two stages, stating that the buyer wished to remain anonymous. Mr

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