This text of New York § 60.02 (Certificate of authenticity; contents) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 60.02. Certificate of authenticity; contents.
1.Whenever a dealer,\nin selling or offering to sell in or from this state a collectible to a\nconsumer, provides a description of such collectible as being\nautographed, he shall furnish to the consumer at the time of sale a\ncertificate of authenticity. Such certificate of authenticity shall be\nin writing and signed by such dealer, his or her authorized agent or his\nor her supplier. The certificate shall be in at least ten point boldface\ntype and shall contain the dealer's or supplier's true legal name and\nstreet address. Each certificate of authenticity shall:\n (a) describe the collectible and the name of the sports personality\nwho signed it; and\n (i) specify the purchase price and date of sale; or\n (ii) be accompanied by a s
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§ 60.02. Certificate of authenticity; contents. 1. Whenever a dealer,\nin selling or offering to sell in or from this state a collectible to a\nconsumer, provides a description of such collectible as being\nautographed, he shall furnish to the consumer at the time of sale a\ncertificate of authenticity. Such certificate of authenticity shall be\nin writing and signed by such dealer, his or her authorized agent or his\nor her supplier. The certificate shall be in at least ten point boldface\ntype and shall contain the dealer's or supplier's true legal name and\nstreet address. Each certificate of authenticity shall:\n (a) describe the collectible and the name of the sports personality\nwho signed it; and\n (i) specify the purchase price and date of sale; or\n (ii) be accompanied by a separate invoice that specifies the purchase\nprice and date of sale;\n (b) contain an express warranty, which shall be presumed to be part of\nthe basis of the bargain, of the authenticity of the autographed\ncollectible. Such warranty shall not be negated or limited because the\ndealer or the supplier in the certificate does not use formal words such\nas "warranty", or "guarantee", or because such dealer or supplier does\nnot have a specific intention or authorization to make a warranty or\nbecause any statement relevant to the autographed collectible is, or\npurports to be, or is capable of being, merely the dealer's or the\nsupplier's opinion; and\n (c) unless such information appears in legible fashion on the\ncollectible itself, specify whether the collectible is offered as one of\na limited edition and, if so:\n (i) how the collectible and the edition are numbered, and\n (ii) the size of the edition and the size of any prior or anticipated\nfuture edition, if any. If the size of any prior or anticipated future\nedition is not known, the certificate shall contain an explicit\nstatement to that effect.\n 2. If a dealer offers collectibles at auction, the requirement for a\ncertificate of authenticity may be met if the dealer at the time of\nsale:\n (a) provides the buyer a catalog which (i) is available to the public,\n(ii) contains a picture and description of the collectible, and (iii)\ncontains a warranty and information which meet the requirements of\nparagraphs (b) and (c) of subdivision one of this section; and\n (b) provides a separate invoice that specifies the purchase price and\ndate of sale.\n The dealer shall be required to maintain a copy of such catalog and\ninformation regarding the sale of items described therein for a period\nof five years following the year of such sale.\n 3. In those instances in which the provisions of this section are met\nin accordance with subdivision two of this section by use of a catalog,\nany warranty contained in such catalog shall not be more restrictive\nthan the provisions of this article.\n