TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 11

ARTISTS AND ART DEALERS

PART 1.

ARTIST AND ART DEALER

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 before the consignor has been paid in full, the proceeds of the resale received by the consignee constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance due to the consignor and the trusteeship continues until the fiduciary obligation of the consignee with respect to the transaction is discharged in full.

History:

[28-11-104, added 1987, ch. 127, sec. 1, p. 258.]