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California Statute - Civil Code §§ 1740-1745.5, (Farr Act), Sale of Fine Prints


CAL. CIV. CODE § § 1740 -1745.5


The California Sale of Fine Prints Act, sometimes referred to as the Farr Act, requires art dealers and artists to provide buyers with specified information for any sale of a “multiple” exceeding $100. The art dealer of artists must state the name of the artist, whether the multiple was signed by the artist, a description of the process and whether this was the original medium, whether the multiple was made posthumously, information about this and other editions, approximate date of the multiple, and information about the master. For art dealers, this information becomes a basis for the bargain and creates express warranties as to the information provided, whether or not the dealer used the terms “warrant” or “guarantee,” for any multiple made after 1949. For multiples produced before 1950, the dealer satisfies the Act if he had a reasonable basis for the information provided. An art dealer cannot disclaim knowledge unless he clearly states that he isdoing so in the context of providing the other required information. If the art dealer or artist complies with the Act, they have no liability to the purchaser. An art dealer acting on behalf of a consignor or as an agent for an artist is still liable under the Act. Charitable organizations are exempt from these requirements if they post a disclaimer. Penalties for violation include injunctions and civil penalties not to exceed $1,000 for each violation.

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