THE PITFALLS OF SELLING ART TO CONSUMERS – THREE SHORT STORIES
At the Art Business Conference last September organised in London by Art Market Minds, a delegate asked whether a sale to a consumer concluded by a dealer in his gallery could constitute an ‘off-premises’ sale. The short answer is that it can. The question is significant because if a dealer sells ‘off-premises’ to a consumer, he is required by law (pursuant to the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) to provide detailed information to the consumer in advance of the sale, including information on the consumer’s right to cancel the sale within 14 days. Further, if the consumer elects to cancel the sale within the statutory period, the dealer must refund the consumer in full. ..
A NEW YORK STATE BILL SEEKING TO PROTECT ART AUTHENTICATORS - from artatlaw.com
On 15 June 2015, the New York State Senate approved a bill, S1229A-2015 (the “Bill”) to amend New York Arts and Cultural Affairs Law (“NYACAL”) in relation to opinions concerning authenticity, attribution and authorship of works of fine art. The Bill, which we hope will one day become law, aims to remedy some deficiencies in NYACAL around the absence of protection for experts rendering independent, good-faith opinions about authenticity, attribution and …