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Current as of March 08, 2022 | Updated by FindLaw Staff
If an art dealer accepts a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist who created the work of fine art:
1. The art dealer is, with respect to that work of fine art, the agent of the artist.
2. The work of fine art is trust property and the art dealer is trustee for the benefit of the artist until the work of fine art is sold to a bona fide third party or returned to the artist.
3. The proceeds of the sale of the work of fine art are trust property and the art dealer is trustee for the benefit of the artist until the amount due the artist from the sale is paid.
4. The art dealer is strictly liable for the loss of or damage to the work of fine art while it is in the art dealer's possession. The value of the work of fine art is, for the purpose of this section, the value established in a written agreement between the artist and art dealer prior to the loss or damage or, if no written agreement regarding the value of the work of fine art exists, the fair market value of the work of fine art.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 44. Trade and Commerce § 44-1772. Art dealer and artist; relationship - last updated March 08, 2022 | https://codes.findlaw.com/az/title-44-trade-and-commerce/az-rev-st-sect-44-1772/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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