Rules of Sale

Luck of the Draw Rules of Sale

The Luck of the Draw sale will commence at 5:30pm on Saturday, March 28, 2020. Each registered guest receives a ballot book and the opportunity to place his or her Intent to Purchase slips for any work in the exhibition wall sale at a fixed price.

What is a Luck of the Draw Sale?

If you are new to Night of Artists, don’t let the Luck of the Draw sale intimidate you. Featured artwork in the exhibition is available for purchase at a fixed price established by the artist. Prices are posted with the art piece and are published online and in the Night of Artists catalog. As an attendee, you will be provided with a ballot book that will enable you to place an Intent to Purchase slip in the box by a work of art you wish to purchase. Through a process designed and monitored for fairness, up to two (2) potential buyers’ names are drawn, giving them the opportunity to purchase during the formal sale.

Live Auction Rules of Sale

General Information

The Night of Artists Live Auction Sale will feature up to 30 select works submitted by premier Western artists. It will commence immediately following dinner on Friday, March 27, 2020.

  • All artwork is sold “as is.”
  • The Briscoe Museum is an agent for the owner of the artwork. The museum assumes no risk, liability, or responsibility for the authenticity or the authorship of any art piece identified in the catalog.
  • The museum reserves the right to withdraw any art piece at any time before the sale and shall have no liability whatsoever for such withdrawal.
  • Some items may be offered with a “reserve,” which is the minimum price below which the lot will not be sold. In no event shall the reserve exceed the low estimate listed in the catalog.
  • The museum reserves the right to reject a bid. In the event of any dispute between bidders, or in the event of doubt as to the validity of any bid, the auctioneer shall have the final discretion to determine the successful bidder, cancel the sale, or reopen and resell the art piece in dispute. If any dispute arises after the sale, the museum’s sale record shall be the final and conclusive record of the sale.
  • Unless announced otherwise by the auctioneer, all bids are per lot and numbered in the catalog. Successful bidders shall pay for their purchases during or immediately following the auction. Payment may be made by cash, check, cashier’s check, or credit card.
  • Upon acknowledgment of the winning bidder by the auctioneer, title to the art piece shall pass to the bidder. The sale is complete when the auctioneer announces the sale by the fall of the hammer or other customary manner. The auctioneer retains all authority and discretion allowed by law. All sales are final and there will be no exchanges or refunds on art pieces. The buyer assumes full risk and responsibility for the lot and shall immediately pay the full purchase price, unless prior arrangements are approved by staff. In addition, the buyer will be required to sign a sales agreement.
  • Neither Briscoe Western Art Museum, nor auctioneer, nor artist make any representations whatsoever that the purchaser of a work of art will acquire any reproduction rights thereto.
  • These conditions of sale and any other applicable conditions, as well as the purchaser’s and Briscoe Western Art Museum’s rights and obligations herein, shall be governed by, construed, and enforced in accordance with the laws of the state of Texas.
  • Bidding on any item indicates the bidder’s acceptance of these terms and all other terms announced at the time of sale, whether bidding in person, by absentee bid, or through a representative.

Buyer’s Premium

The purchase price will be the hammer price plus a PREMIUM OF FIFTEEN PERCENT (15%) on any individual lot. The buyer’s premium is calculated separately for each lot. Checks are preferred and shall be made payable to the Briscoe Western Art Museum. Visa, MasterCard, American Express, and Discover are also accepted and subject to a 3% service charge. When applicable, state and local sales tax will be added to the purchase price. Tax exemptions will be verified, and buyers must present proof of exemption at the time of purchase.

Collectors Concierge

The Briscoe Western Art Museum is continuously looking for ways to improve and ensure your purchasing experience at the Night of Artists Sale and Auction meets and exceeds your expectations. Our Collectors Concierge Anne Marie Williams is available to provide collectors and art buyers personalized service throughout the experience. From proxy and absentee bidding, art purchase, payment, shipping, and delivery of your work of art, we look forward to making your experience at Night of Artists a pleasure. For more information, call Anne Marie Williams, Collectors Concierge, at: 210.507.4865 (voice) 504.427.1817 (text) awilliams@briscoemuseum.org

Bidding Increments 

Under $2,000 $100

$2,000–$5,000 $250

$5,000–$10,000 $500

$10,000–$20,000 $1,000

$20,000–$50,000 $2,500

$50,000–$100,000 $5,000

Over $100,000 $10,000


ALL ARTWORK WILL REMAIN ON DISPLAY THROUGH MAY 3, 2020. The museum will contact the buyer within two weeks of the purchase date to outline pick-up and shipping options. All shipping costs and arrangements are the responsibility of the buyer.

Absentee Service

Absentee ballot forms will be uploaded in 2020

Confidential absentee bid orders for auction items may also be completed and will be executed by the Briscoe Western Art Museum on behalf of the purchaser during the auction. The museum shall not be responsible for any errors or omissions or failure to execute such intent to purchase orders or auction bids. This service is offered free to registered ticketholders; all others must pay a service fee of $50. Absentee ballots for both events may be submitted by calling 210.507.4865 no later than Thursday, March 26, 2020.

Please contact Anne Marie Williams, Collectors Concierge, for more information (awilliams@briscoemuseum.org; 210.507.4865).