- (a) A retail merchant may accept an item for commission on consignment from a person only if, not later than seven
- (7) days after accepting the item, the retail merchant enters into a written contract with the person that specifies the following:
- (1) The value of the item.
- (2) The time within which the proceeds from the sale must be paid to the consignor if the item is sold.
- (3) The commission the retail merchant is to receive if the item is sold.
- (4) The minimum price for the sale of the item.
- (5) Any discounts ordinarily given by the retail merchant in the regular course of business.
(b) If a retail merchant violates this section, the consignor may bring an action in a court with jurisdiction to void the consignor's contractual obligations to the retail merchant. A retail merchant who violates this section is liable to the consignor in an amount equal to:
- (1) fifty dollars ($50);
- (2) any actual, consequential, or incidental damages sustained by the consignor because of the violation of this section; and
- (3) reasonable attorney's fees.
As added by P.L.85-2009, SEC.2. Amended by P.L.1-2010, SEC.97.