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Massachusetts Statutes – Consignment of Artwork |
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| Section 1. Definitions |
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| Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: | ||||||||||||
| Chapter 104A: Section 2. Delivery and acceptance constituting consignment; statement of delivery |
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| Chapter 10A: Section 3. Incidents of consignment |
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| Section 3. The following provisions shall apply to consignment of a work of fine art: |
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| Chapter 104A: Section 4. Trust property; contact information of consignee; forfeiture of property |
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| Chapter 104A: Section 5. Waiver of provisions |
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| Chapter 104A: Section 6. Application of chapter |
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References & Resources: *Be aware that the website for the court system of Massachusetts has a disclaimer on its main page which indicates that the statutes presented there are not "official" and therefore further research–or consultation with a lawyer–may be necessary to confirm currentness, accuracy, and to preserve time-sensitive rights. |
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Note: These documents have been (re)formatted for display on this website. Visual emphasis may have been added or changed for the purpose of clarity or ease of viewing. Copyright © 2009 Jennifer Unruh. No claim to government / public domain materials. Licensing Information. Unless otherwise stated, the original writings contained in this website are solely the expression of opinion by the author(s) and are not intended to provide or be a substitute for professional legal advice. Statues and other governmental publications are provided for informational and educational purposes only. For legal matters, the advice of an attorney should be timely sought. Be aware that the preservation of legal rights may be time sensitive. The author(s) does not promote or endorse any particular legal service provider. This website is not attorney advertising. Excluding government publications and other public domain materials, and unless otherwise stated, all literary content and text on this website is Copyright © 2007 - 2010 Jennifer Unruh. All rights reserved. Licensing Information. Website design including, but not limited to graphic design, images, and arrangement, are Copyright © 2007-2008 Jennifer Unruh unless otherwise indicated. All rights reserved. www.artuntitled.com |
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Section 3 provides that the consignee (dealer, gallery) is an agent of the seller, holds the artwork and/or sale revenue in trust for the seller and is also responsible for damage or loss of the artwork (while it is in consignment status)
Section 4 pertains to consignee (dealer, gallery) obligation to pay proceeds of sale to seller (a). In the event of consignee (dealer, gallery) bankruptcy, section (b) provides that the artwork or proceeds of its sale are not presumed to be owned by the dealer/gallery, but is held in trust for the original seller.
Section 5 provides that the orignal seller (consignor) cannot waive the provisions of this statute.