ART & LUXURY LAW
Art and Luxury law is a rapidly evolving field, domestically and internationally, with legal issues affecting all aspects of the art world. David Avellar Neblett, Esq., B.C.S. combines his litigation expertise and business acumen with a passion for art and 30 years of collecting to lead the firm’s Art practice. David studied Art (photography) and Art History at the University of Miami where he received a minor in Art, Art History and Anthropology. David continued with his passion after college and is now an avid collector of Cuban and Contemporary Art, Photography, Antiques and Maritime Flasks and Bottles from the nineteenth century.
The Neblett Law Group has had offices above Monty’s in Coconut Grove since 2006 and is well-situated in South Florida to represent artists, investors, collectors, dealers, auction houses, brokers, museums and galleries in contractual and litigation matters involving sales, consignments, purchases of artwork, commission, fraud, authenticity claims, and damage and insurance claims related to art, jewelry, and luxury goods and collectibles.
Put Our Passion for Art and Law to Work for You.
Art is unique and legal issues regarding art and luxury goods often require unique solutions. David Neblett and his team at the Neblett Law Group know the art community and the art and luxury markets. With experience collaborating with artists, galleries, watch dealers, antique dealers, furniture manufacturers and individual collectors we understand the specific needs of our clients and are always looking for the best ways to support our clients’ interests. We work with leading industry experts and have built strong and vibrant relationships across the country and world, which we can call upon when needed by our clients.
We have a broad art law practice encompassing both transactional matters and litigation. Our team assists clients on all legal issues related to the acquisition, retention and disposition of fine art, antiques, jewelry, luxury goods, and rights to works of artistic creation. We counsel clients on all aspects of the purchase, sale, ownership, insurance, tax consequences of art and luxury items and how these pieces should fit in with your Trust and Estate planning.
Purchases, Sales & Consignments
The art and luxury world has traditionally relied on undocumented transactions, which can lead to a host of problems and disputes. We can help you put agreements in writing or resolve disputes resulting from “handshake-only” deals. This not only alleviates issues in the future but provides for security in transactions and excellent provenance that can be used for future transactions, insurance, valuations or for Trust and Estate planning.
Unfortunately, fine art, jewelry, and collectable purchases often go awry, particularly when dealing with the grey market or within the auction space and online auction space. Our lawyers are here to help prevent these issues from occurring and to rectify problems connected to payment/nonpayment and misrepresentations of art and antiquities in the marketplace.
Theft and Fraud & Insurance Claims
The digital age has unleashed a new era of art theft by making it extremely easy for thieves to steal art and images and making it easy for unscrupulous individuals to forge art and luxury goods. We assist artists, dealers, collectors, and owners seeking justice in the wake of these crimes.
Fraud and Fakes can be incredibly difficult to spot, even for decerning experts. Many areas of the world have become proficient in forgeries, and many have developed very lucrative businesses selling exceptionally good replicas and fakes. Sellers, auction houses and experts often have agendas in confirming or denying the authenticity of luxury items or art.
Determining authenticity, or just having one or two experts or dealers having an opinion on a piece can dramatically affect the value of that piece and you do not want to be left without recourse. A good contract, NDA, and/or insurance can save the day and substantial amounts of money and reputation.
Modern trends and changes in the law have created many grey areas. What is an NFT? Are synthetic diamonds real and are they insured under your insurance policy? What type of provenance is needed? Can you take a Rolex, cut the dial, and make it a skeleton with a crystal back and legally sell it?
When art, watches, antiques, and/or other luxury goods get damaged or stolen, we work to ensure that insurance companies provide proper compensation for losses. Just because you do not have a piece specifically insured or “listed” in a collections policy, we may be able to assist you.
Representing Artists, Galleries, Estates & Commerical Ventures
If you are an artist, dealer, own an art-related business or are considering starting one, our lawyers will lend their business and legal acumen to your project. The modern world of art, furniture and luxury is much more than your skills and who you know. Business strategy, insurance procurement and management, planning and compliance are now required prerequisites. We can start you on the right path or make sure that you are following the road to success.
Trust, Estate, Probate, and Tax Matters
Wills, inheritances, and donations of artwork, jewelry and antiques can all raise a myriad of issues and possibilities. Art and luxury goods including watches and jewelry are not only to be enjoyed but can significantly increase in value and can be passed down to future generations. David Avellar Neblett and the firm’s attorneys will help you navigate any questions, disagreements, or lawsuits caused by wealth transfers and can help you and your family plan for the future.
Regulatory compliance
Our attorneys can provide advice on federal and international regulations including the Anti-Money Laundering Act of 2020 and the National Defense Authorization Act for 2021, which included language requiring art and antiquities dealers to comply with the Bank Secrecy Act.
We have experience in a variety of areas, and we are committed to our clients’ success by providing the highest level of services at cost-effective rates. Our clients include high net-worth individuals, non-profit organizations, art experts and scholars, scientists, emerging artists, and collectors. As skilled advocates and patrons of the arts, we are deeply committed to the success of our clients.
Art and Cultural Heritage Law
The purchase and sale of cultural items is complex and regulated by international laws. The Neblett Law Group provides guidance and legal expertise on complex cultural heritage issues related to compliance with international treaties, the domestic and international importation of antiquities, restitution claims by cultural ministries and governmental agencies, and all legal matters related to the purchase and shipment of cultural heritage materials and items.
David Neblett was the first attorney in the United State in over 38 years that was able to procure Full 1A-31 Exploration and Recovery permits from the State of Florida Division of Historical Resources and the Bureau of Archaeological Research. These permits have allowed Seafarer Exploration Corp to continue their search and recovery of artifacts from shipwrecks off the costs of Florida. Unlike most salvors of the past, Seafarer Exploration Corp is not selling any of the artifacts it recovers. Instead, it will keep its collection whole and work with media partners, museums, governments, and private companies to reconsider how underwater artifacts are recorded and presented for the good of the public.
The Permits Mr. Neblett procured were issued under the authority of Sections 267.031(1) and 267.031(5)(n), Florida Statutes, and Rules 1A-31.0012 through 1A-31.090, Florida Administrative Code (F.A.C.), and is administered by the Florida Bureau of Archaeological Research (BAR), Florida Division of Historical Resources (DHR), Florida Department of State (DOS).
The Firm’s attorneys pride themselves on a “hands on” approach and are committed to providing clients with competent, cost-effective legal representation. There are very specialized laws and limitations which pertain to Art, insurance disputes and maritime claims and David Avellar Neblett, Esq., B.C.S. and the Firm’s lawyers and staff have the experience and know how to assist you and your needs and to protect and assert the proper defense or remedy as each case may require.
Give David Avellar Neblett, Esq., B.C.S. a call or contact us today and we will happily provide a Free Consultation.
