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Idaho · Through 2026 Legislative Session

Idaho Code § 28-11-103: Agency relationship — Trust property.

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Where this section sits in the code
  1. TITLE 28 COMMERCIAL TRANSACTIONS
  2. CHAPTER 11 ARTISTS AND ART DEALERS
  3. PART 1. ARTIST AND ART DEALER

A consignment of a work of fine art results in the following:

(1) The art dealer, after delivery of the work of fine art, is an agent of the artist for the purpose of sale or exhibition of the consigned work of fine art within the state of Idaho. This relationship shall be defined in writing and renewed at least every three (3) years by the art dealer and the artist. It is the responsibility of the artist to identify clearly the work of art by securely attaching identifying marking to or clearly signing the work of art.

(2) The work of fine art constitutes property held in trust by the consignee for the benefit of the consignor and is not subject to claim by a creditor of the consignee.

(3) The consignee is responsible for the loss of or damage to the work of fine art while in the possession of or on the premises of the consignee.

(4) The proceeds from the sale of the work of fine art 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 to the consignor, unless the consignor expressly agrees otherwise in writing.

Collected 2026-09-04T11:18:22Z. Source file · JSON

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