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Earlier editions: 2020-112018-112026-09

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

§ 1738.7

California Civil Code · 2026-10 edition · updated 2026-10-04 · California

A work of fine art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee’s own account until the price is paid in full to the consignor. If such work is thereafter resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor and such trusteeship shall continue until the fiduciary obligation of the consignee with respect to such transaction is discharged in full.

(Added by Stats. 1975, Ch. 953.)

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