Illinois Compiled Statutes 815 ILCS 320 — Consignment of Art Act.

Short title

Short title. This Act may be cited as the Consignment of Art Act. (Source: P.A. 86-1324.)

As used in this Act, unless the context otherwise requires: (1) "Art dealer" means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction. (2) "Artist" means the creator of a work of fine art or, if such person is decease…

Any custom, practice, or usage of the trade notwithstanding: (1) Whenever an artist delivers or causes to be delivered a work of fine art of the artist's own creation to an art dealer in this State for the purpose of sale, exhibition, or both, on a commission, the delivery to and acceptance of the work of fine art by t…

(1) If a work of fine art is trust property under Section 2 when initially received by the art dealer, it remains trust property notwithstanding the subsequent purchase of the work of fine art by the art dealer directly or indirectly for the art dealer's own account until any balance due to the artist from the sale is…

No property which is trust property under Section 2 or Section 3 is subject to the claims, liens or security interests of the creditors of the art dealer

No property which is trust property under Section 2 or Section 3 is subject to the claims, liens or security interests of the creditors of the art dealer. (Source: P.A. 84-683.)

(1) An art dealer may accept a work of fine art for commission on consignment from an artist only if prior to or within seven days of acceptance the art dealer enters into a written contract with the artist which shall include but not be limited to the following provisions: (a) The value of the work of fine art. (b) Th…

Any portion of an agreement which waives any provision of this Act is void

Any portion of an agreement which waives any provision of this Act is void. (Source: P.A. 84-683.)

Any art dealer who violates Section 5 is liable to the artist in an amount equal to: (1) $50; and (2) The actual damages, if any, including the incidental and consequential damages, sustained by the artist by reason of the violation and reasonable attorneys' fees. (Source: P.A. 84-683.)

(1) This Act shall not apply to a written contract executed prior to the effective date of this Act, unless either the parties agree by mutual written consent that this chapter shall apply or such contract is extended or renewed after the effective date of this Act. (2) The provisions of this Act shall prevail over any…