(a) An art merchant or person who sells a fine print in violation of this chapter is liable to the purchaser, on tender by the purchaser of the print, for its purchase price, with interest, at the legal rate, from the date of payment of the purchase price.

(b) An art merchant or person who sells a fine print in wilful violation of this chapter is liable to the purchaser, on tender by the purchaser of the print, for an amount equal to three times the sum of the purchase price and interest, at the legal rate, from the date of payment of the purchase price.

Terms Used In South Carolina Code 39-16-50

  • Art merchant: means a person who:

    (1) deals in fine prints to which this article is applicable; or

    (2) by his occupation holds himself out as having knowledge or skill peculiar to such works; or

    (3) to whom such knowledge or skill may be attributed by his employment of an agent or other intermediary who by his occupation holds himself out as having such knowledge or skill; or

    (4) is a professional auctioneer who holds himself out as having knowledge or skill peculiar to fine prints to which this article is applicable and who sells these works at public auctions. See South Carolina Code 39-16-10
  • Fine print: means a printed image on paper or any other suitable substance which has been taken off a plate by printing, stamping, casting, or any other process commonly used in the graphic arts and includes engraving, etching, woodcut, lithograph, or serigraph. See South Carolina Code 39-16-10
  • Person: means an individual, auctioneer, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity that does not have the knowledge or skill of an art merchant as described in § 39-16-10(d). See South Carolina Code 39-16-10
  • Print: means a fine print. See South Carolina Code 39-16-10
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