California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 1 — Consignment of Fine Art, Chapter 2 — General Provisions, Section 1738.5

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 or sale, or both, on a commission, fee or other basis of compensation, the delivery to and acceptance of such work of fine art by the art dealer shall constitute a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives or has received full compensation for the work of fine art upon delivery.

Notes

Establishes that an artist’s delivery of the artist’s own fine art to a California art dealer for exhibition or sale on commission, fee, or other compensation is a consignment regardless of trade custom. The rule does not apply to an outright sale in which the artist receives full compensation upon delivery.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1738.5 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-1/chapter-2/section-1738-5

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