DIVISION 3. OBLIGATIONS 1427-3273.91›PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS 1738-3273.91›TITLE 1. CONSIGNMENT OF FINE ART 1738-1738.9›CHAPTER 2. General Provisions 1738.5-1738.9
§ 1738.6
California Civil Code · 2026-09 edition · updated 2026-10-03 · California
A consignment of a work of fine art shall result in all of the following:
(a) The art dealer, after delivery of the work of fine art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of fine art within the State of California.
(b) The work of fine art shall constitute property held in trust by the consignee for the benefit of the consignor, and shall not be subject to claim by a creditor of the consignee.
(c) The consignee shall be responsible for the loss of, or damage to, the work of fine art.
(d) The proceeds from the sale of the work of fine art shall constitute funds held in trust by the consignee for the benefit of the consignor. Such proceeds shall first be applied to pay any balance due to the consignor, unless the consignor expressly agrees otherwise in writing.
(Added by Stats. 1975, Ch. 953.)
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