2012 New York Consolidated Laws
ACA - Arts and Cultural Affairs
Title V-1 - SALE OF AUTOGRAPHED SPORTS COLLECTIBLES
Article 60 - (60.01 - 60.06) SALE OF AUTOGRAPHED SPORTS COLLECTIBLES
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.