Section 104A:3 - Incidents of consignmentThe following provisions shall apply to consignment of a work of fine art:
(a) The consignee, after delivery of the work of fine art, shall constitute an agent of the consignor for the purpose of sale or exhibition of the consigned work of fine art.(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. The proceeds shall first be applied to pay any balance due the consignor, unless the consignor expressly agrees otherwise in writing. The funds shall be allocated and disbursed in accordance with section 4A.Mass. Gen. Laws ch. 104A, § 3
Amended by Acts 2006 , c. 353, §§ 4, 5 eff. 2/6/2007.