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§ 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-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 […]