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:
Terms Used In N.Y. Arts and Cultural Affairs Law 60.02
- Autographed: means bearing the actual signature of a sports personality, signed by such individual's own hand. See N.Y. Arts and Cultural Affairs Law 60.01
- Collectible: means an autographed sports item including, but not limited to, a photograph, book, ticket, plaque, sports program, trading card, item of sports equipment or clothing, or other sports memorabilia sold or offered for sale in or from this state by a dealer to a consumer for twenty-five dollars or more. See N.Y. Arts and Cultural Affairs Law 60.01
- Consumer: means any natural person who purchases an autographed sports collectible from a dealer for personal, family or household purposes. See N.Y. Arts and Cultural Affairs Law 60.01
- dealer: includes an auctioneer who sells such collectibles at public auction, and includes persons who are consignors or principals of auctioneers. See N.Y. Arts and Cultural Affairs Law 60.01
- Description: means any representation in writing, including but not limited to a representation contained in an advertisement, invoice, catalog, flyer, sign, brochure, or other commercial or promotional material. See N.Y. Arts and Cultural Affairs Law 60.01
- Supplier: means any person who provides collectibles to a dealer specifically for the purposes of re-sale. See N.Y. Arts and Cultural Affairs Law 60.01
(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.