N.Y. Arts and Cultural Affairs Law § 60.02: Certificate of authenticity; contents

§ 60.02. Certificate of authenticity; contents. 1. Whenever a dealer,

in selling or offering to sell in or from this state a collectible to a

consumer, provides a description of such collectible as being

autographed, he shall furnish to the consumer at the time of sale a

certificate of authenticity. Such certificate of authenticity shall be

in writing and signed by such dealer, his or her authorized agent or his

or her supplier. The certificate shall be in at least ten point boldface

type and shall contain the dealer's or supplier's true legal name and

street address. Each certificate of authenticity shall:

(a) describe the collectible and the name of the sports personality

who signed it; and

(i) specify the purchase price and date of sale; or

(ii) be accompanied by a separate invoice that specifies the purchase

price and date of sale;

(b) contain an express warranty, which shall be presumed to be part of

the basis of the bargain, of the authenticity of the autographed

collectible. Such warranty shall not be negated or limited because the

dealer or the supplier in the certificate does not use formal words such

as "warranty", or "guarantee", or because such dealer or supplier does

not have a specific intention or authorization to make a warranty or

because any statement relevant to the autographed collectible is, or

purports to be, or is capable of being, merely the dealer's or the

supplier's opinion; and

(c) unless such information appears in legible fashion on the

collectible itself, specify whether the collectible is offered as one of

a limited edition and, if so:

(i) how the collectible and the edition are numbered, and

(ii) the size of the edition and the size of any prior or anticipated

future edition, if any. If the size of any prior or anticipated future

edition is not known, the certificate shall contain an explicit

statement to that effect.

2. If a dealer offers collectibles at auction, the requirement for a

certificate of authenticity may be met if the dealer at the time of

sale:

(a) provides the buyer a catalog which (i) is available to the public,

(ii) contains a picture and description of the collectible, and (iii)

contains a warranty and information which meet the requirements of

paragraphs (b) and (c) of subdivision one of this section; and

(b) provides a separate invoice that specifies the purchase price and

date of sale.

The dealer shall be required to maintain a copy of such catalog and

information regarding the sale of items described therein for a period

of five years following the year of such sale.

3. In those instances in which the provisions of this section are met

in accordance with subdivision two of this section by use of a catalog,

any warranty contained in such catalog shall not be more restrictive

than the provisions of this article.