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Consignment of Art Act

Illinois · Business Transactions · §§ 815-320-0-01 to 815-320-8 · 9 sections

Overview

The act governs consignment arrangements between artists and art dealers — those in the business of selling works of fine art, other than sellers exclusively at public auction. It treats consigned property as trust property held for the artist, placing it beyond the claims, liens, and security interests of the dealer's creditors, and it voids any contract term purporting to waive the act's protections. A dealer who violates its requirements is liable to the artist for a fixed statutory sum together with actual damages, including incidental and consequential damages, and reasonable attorney's fees.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

Sections covered

  • 815 ILCS 320/0.01Short title
  • 815 ILCS 320/1As used in this Act, unless the context otherwise requires: (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
  • 815 ILCS 320/2Business Transactions › 815 ILCS 320 — Consignment of Art Act
  • 815 ILCS 320/3Business Transactions › 815 ILCS 320 — Consignment of Art Act
  • 815 ILCS 320/4No property which is trust property under Section 2 or Section 3 is subject to the claims, liens or security interests of the creditors of the art dealer
  • 815 ILCS 320/5Business Transactions › 815 ILCS 320 — Consignment of Art Act
  • 815 ILCS 320/6Any portion of an agreement which waives any provision of this Act is void
  • 815 ILCS 320/7Any art dealer who violates Section 5 is liable to the artist in an amount equal to: (1) $50; and (2) The actual damages, if any, including the incidental and consequential damages, sustained by the artist by reason of the violation and reasonable attorneys' fees
  • 815 ILCS 320/8(1) This Act shall not apply to a written contract executed prior to the effective date of this Act, unless either the parties agree by mutual written consent that this chapter shall apply or such contract is extended or renewed after the effective date of this Act

Enacted in other states

Georgia, Tennessee

All Illinois named statutes →

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