Why Foundations Refuse to Authenticate

Silence is not incompetence, it is self-defense

A legal and market-reality analysis by FAE.LLC

Many collectors still believe that if an artwork is genuine, an artist foundation will confirm it.

This belief is outdated and dangerous.

Across the art market, foundations, estates, and authentication committees are systematically refusing to issue opinions, even on works that may be authentic.

At FAE.LLC, we regularly explain to clients that refusal is no longer an artistic judgment. It is a legal and financial survival strategy.

1. The Golden Age of Authentication Is Over

Until the early 2000s, foundations routinely

• Issued certificates of authenticity

• Accepted or rejected works formally

• Published catalogues raisonnés with authority

That era ended when authentication became legally toxic.

2. Lawsuits Changed Everything

Foundations were sued not by forgers but by owners of rejected works.

Key consequences:

• Multi-million-dollar legal costs

• Years of litigation

• Personal liability for board members and experts

Even when foundations won cases, the financial and reputational damage was severe.

The lesson was clear: saying nothing is safer than saying no.

3. Why Refusal Does Not Mean Fake

Collectors often panic when a foundation declines to review a work.

This is a mistake.

A refusal may mean:

• The foundation no longer reviews works at all

• The file is incomplete

• The legal risk outweighs the benefit

• The committee has dissolved

Silence is administrative, not verdict-based.

4. The Legal Trap of Written Opinions

Once a foundation puts an opinion in writing, it creates:

• A permanent record

• Market consequences

• Potential liability to multiple parties

In today’s legal climate, any written opinion can become evidence.

As a result, many foundations now:

• Provide no written feedback

• Avoid negative statements entirely

• Decline engagement altogether

5. The Collapse of Authentication Committees

High-profile committees have closed or suspended operations, including:

• Modern masters

• Post-war artists

• Contemporary estates

This has left buyers with:

• No final authority

• Fragmented expertise

• Conflicting opinions

The market adapted, but not safely.

6. How the Market Filled the Void (Badly)

With foundations silent, validation shifted to:

• Certificates

• Auction appearances

• Dealer reputation

• Repeated sales history

None of these equal authentication.

They create market acceptance, not truth.

7. Why Foundations Prefer Silence Over Rejection

A rejection:

• Triggers lawsuits

• Destroys asset value

• Creates adversaries

Silence:

• Avoids legal exposure

• Preserves neutrality

• Transfers risk to the buyer

From a foundation’s perspective, silence is rational.

8. What This Means for Collectors

Buyers must accept a new reality:

• Authentication is no longer centralized

• Certainty is rare

• Risk must be managed, not eliminated

This shifts responsibility away from institutions and onto the buyer.

Final Perspective from FAE.LLC

Foundations do not refuse to authenticate because they are ignorant.

They refuse because the system punishes certainty.

In today’s art market, silence often says:

“We cannot afford to be involved.”

At FAE.LLC, we do not replace foundations. We help collectors understand risk exposure when foundations step away.

Before You Buy

If an artwork depends on a foundation opinion that will never come, the question is not:

“Is it authentic?”

But:

“Am I willing to carry this risk?”

One call before you buy can prevent a lifetime problem.

👉 Visit www.fae.llc