Delivery of art work to dealer as consignment
- • exception for direct sale work as trust property
(1) Notwithstanding any custom, practice or usage of the trade to the contrary, whenever a consignor delivers or causes to be delivered a work of fine art 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 by, the art dealer of the work of fine art constitutes a consignment unless the delivery to the art dealer is pursuant to an outright sale for which the consignor receives or has received compensation for the work of fine art upon delivery.
(2) A work of fine art is trust property in the hands of the art dealer, who is trustee for the benefit of the consignor until the work of fine art is sold to a bona fide third party.
(3) The proceeds of the sale of a work of fine art are trust property in the hands of the art dealer who is trustee for the benefit of the consignor until the amount due the consignor from the sale is paid. Nothing in this subsection requires a separate trust account for each consignor.
(4) A work of fine art that is trust property when initially accepted by the art dealer remains trust property notwithstanding the subsequent purchase of the work of fine art by the art dealer directly or indirectly for the art dealer’s own account, until the purchase price is paid in full to the consignor.
(5) The trust relationship described in this section imposes no duty greater than the duties described in ORS 359.200 (Definitions for ORS 359.200 to 359.255) to 359.210 (Effect of treating art work delivery as consignment), 359.220 (Consignment contract requirements), 359.225 (Payment of sale proceeds of consigned work), 359.250 (Liability of art dealer for violation of ORS 359.220) and 359.255 (Attorney fees) and does not give rise to any general trust or fiduciary relationship. [1981 c.410 §2; 1985 c.830 §2; 2011 c.230 §1]
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