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This entry was published on 2014-09-22
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Certificate of authenticity; contents
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE V-1, ARTICLE 60
§ 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

(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.