Section 442.353 - Catalog, prospectus, flyer or other written material or advertisement. - Michigan Statutes

ART MULTIPLES SALES ACT (EXCERPT)
Act 40 of 1987

442.353 Catalog, prospectus, flyer or other written material or advertisement.

Sec. 3.

(1) An art merchant shall not cause a catalog, prospectus, flyer, or other written material or advertisement to be distributed in, into, or from the state, that solicits a direct sale by inviting transmittal of payment for a specific multiple, unless it clearly states, in close physical proximity to the description of the multiple, 1 of the following:

(a) The information required by section 2.

(b) The material contained in the following statement, or the statement itself, if the information required by section 2 is supplied before or with delivery of the multiple:

“Section 2 of the art multiples sales act, Act No. ___of the Public Acts of ____, being section ______ of the Michigan Compiled Laws, provides for disclosure in writing of certain information concerning multiples of prints andphotographs if sold or exchanged for value exceeding $100.00 each, exclusive of any frame, before the sale or exchange. This law requires disclosure of information such as the identity of the artist, the authenticity of an artist's signature, the medium, whether the multiple is a reproduction, when the multiple was produced, the type of master used to produce the multiple, and the number of multiples in a limited edition. At the request of a prospective purchaser, this information shall be furnished before payment or the placing of an order for a multiple. If payment is made before delivery, this information shall be supplied at the time of or before delivery, in which case, the purchaser is entitled to a refund if, for reasons related to the information, the purchaser returns the multiple in substantially the condition in which received, within 30 days after receipt. If, after payment and delivery, it is determined that the information provided is incorrect, the purchaser may be entitled to certain remedies.”

(2) Subsection (1) is not applicable to general written material or advertising which does not constitute an offer to effect a specific sale.

History: 1987, Act 40, Eff. Dec. 9, 1987