§ 25C-16 – Exemptions.
25C-16. Exemptions. (a) This Article shall not apply to any print when offered for sale or sold at wholesale or retail for one hundred dollars ($100.00) or less, exclusive of the value of any frame. (b) This Article shall not apply to any print described clearly and conspicuously in writing by the seller as a […]
§ 25C-5 – Risk of loss; insurable interest.
25C-5. Risk of loss; insurable interest. Nothing in this Article shall affect any provision of law pertaining to the risk of loss between or among the parties to a consignment agreement under this Article or pertaining to the insurable interest of any such party. (1983, c. 822, s. 1; 1989, c. 464, s. 1.)
§ 25C-10 – Definitions.
25C-10. Definitions. As used in this Article, the term: (1) "Artist" means any person who created or who conceived of and approved: a. The master image of a work of art for a print, including but not limited to a photograph or a negative; or b. The master image of a work of art which […]
§ 25C-11 – General prohibitions.
25C-11. General prohibitions. (a) An art dealer may not publish in or distribute in, into or from, this State any catalog, prospectus, circular, advertisement or other publication which solicits a direct sale, by inviting transmittal of payment for a specific print not exempt under G.S. 25C-16, unless it clearly sets forth, in close physical proximity […]
§ 25C-12 – Sale by artist; consignments.
25C-12. Sale by artist; consignments. (a) The disclosure requirements of this Article do not apply to a sale of a print by the artist who produced the print, directly to a purchaser, without the intervention of a wholesale or retail merchant, unless the artist is an art dealer within the definition of G.S. 25C-10(2)a. or […]
§ 25C-13 – Warranties.
25C-13. Warranties. (a) Whenever an art dealer discloses information as required by G.S. 25C-11, such information shall be a part of the basis of the bargain and shall create express warranties as to the information so provided. (b) When information is not disclosed as required by G.S. 25C-11, such nondisclosure shall constitute an express warranty […]
§ 25C-14 – Disclosure requirements.
25C-14. Disclosure requirements. (a) An art dealer who sells or offers to sell a print not exempt under G.S. 25C-16, shall disclose the following information in a writing to the prospective purchaser: (1) The name of the artist; (2) The year the plate or negative was created; (3) The year when the print was printed […]
§ 25C-15 – Rights and liabilities not inclusive.
25C-15. Rights and liabilities not inclusive. (a) An art dealer who sells a print in violation of this Article shall be liable to the purchaser of the print; the purchaser shall be entitled to recover of the art dealer the consideration paid by the purchaser for the print, with interest at the legal rate thereon, […]
§ 25C-2 – Interest of art dealer who accepts works of fine art on consignment.
25C-2. Interest of art dealer who accepts works of fine art on consignment. If an art dealer accepts a work of fine art on a fee, commission, or other compensation basis on consignment from the artist: (1) The art dealer is, with respect to that work of fine art, the bailee of the artist; (2) […]
§ 25C-3 – Status of works of fine art subsequently purchased by art dealer for his own account.
25C-3. Status of works of fine art subsequently purchased by art dealer for his own account. Notwithstanding the subsequent purchase of a work of fine art by the art dealer directly or indirectly for the art dealer’s own account, a work of fine art that is bailment property when initially accepted by the art dealer […]