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Section 28-11-101 – DEFINITIONS.

28-11-101. DEFINITIONS. As used in this chapter, unless the context requires otherwise, the following definitions apply: (1) "Art dealer" means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction. (2) "Artist" means a person who creates a […]

Section 28-11-102 – ARTIST-ART DEALER RELATIONSHIP.

28-11-102. ARTIST-ART DEALER RELATIONSHIP. Notwithstanding any custom, practice or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of fine art of the artist’s own creation to an art dealer in this state for the purpose of exhibition and sale on a commission, fee, or other […]

Section 28-11-103 – AGENCY RELATIONSHIP — TRUST PROPERTY.

28-11-103. AGENCY RELATIONSHIP — TRUST PROPERTY. A consignment of a work of fine art results in the following: (1) The art dealer, after delivery of the work of fine art, is an agent of the artist for the purpose of sale or exhibition of the consigned work of fine art within the state of Idaho. […]

Section 28-11-104 – SUBSEQUENT SALE — PAYMENT TO CONSIGNOR.

28-11-104. SUBSEQUENT SALE — PAYMENT TO CONSIGNOR. A work of fine art received as a consignment remains trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee’s own account until the price is paid in full to the consignor. If the work is resold to a bona fide purchaser […]

Section 28-11-105 – WAIVER VOID — EXEMPTION FROM UCC.

28-11-105. WAIVER VOID — EXEMPTION FROM UCC. (1) Any provision of a contract or agreement by which the consignor waives any provision of this part of this chapter is void. (2) This part of this chapter is not subject to the provisions of chapters 1 through 10, title 28, Idaho Code. History: [28-11-105, added 1987, […]

Section 28-11-106 – APPLICATION.

28-11-106. APPLICATION. This part of this chapter does not apply to a written contract executed prior to July 1, 1987, unless: (1) The parties agree that this part of this chapter will apply; or (2) The contract is extended or renewed after July 1, 1987. History: [28-11-106, added 1987, ch. 127, sec. 1, p. 259.]