Mich. Comp. Laws » Michigan Compiled Laws / Chapter 442 / Act 121 of 1970
Michigan Compiled Laws

Mich. Comp. Laws § 442.322 (2026)

Warranties by art merchant; written instrument; effect of furnishing name of artist; negation or limitation of warranty; construing degree of authenticity of authorship.

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SALES OF FINE ART


Act 121 of 1970


442.322 Warranties by art merchant; written instrument; effect of furnishing name of artist; negation or limitation of warranty; construing degree of authenticity of authorship.

Sec. 2.

    Any provision in any other law to the contrary notwithstanding:

    (a) If an art merchant, in selling or exchanging a work of fine art, furnishes to a buyer of the work who is not an art merchant, a written instrument which, in describing the work, identifies it with an author or authorship, the description is presumed to be part of the basis of the bargain and creates an express warranty of the authenticity of the authorship as of the date of the sale or exchange. However, if an art merchant furnishes the name of an artist pursuant to section 7 or 8 of the art multiples sales act, the art merchant for purposes of that information is bound by this section, whether or not the purchaser is an art merchant. The warranty is not negated or limited because the art merchant in the written instrument did not use formal words such as “warrant” or “guarantee”, because he or she did not have a specific intention or authorization to make a warranty, or because any statement relevant to authorship is, or purports to be, or is capable of being merely the art merchant's opinion.

    (b) In construing the degree of authenticity of authorship warranted, due regard shall be given to the terminology used in describing the authorship and the meaning accorded to the terminology by the customs and usage of the trade at the time and in the locality where the sale or exchange took place. A written instrument delivered pursuant to a sale which took place in this state which, in describing the work, states, for example:

    (i) That the work is by a named author or has a named authorship, without any other limiting words, means, unequivocally, that the work is by the named author or has the named authorship.

    (ii) That the work is attributed to a named author means a work of the period of the author, attributed to the author, but not with certainty by the named author.

    (iii) That the work is of the school of a named author means a work of the period of the author, by a pupil or close follower of the author but not by the author.

History: 1970, Act 121, Eff. Jan. 1, 1971 ;-- Am. 1987, Act 54, Eff. Dec. 9, 1987

Notes of Decisions
Cited in 4 cases, 2014–2016 · leading case: King v. Park West Galleries, Inc, 870 N.W.2d 70 (Mich. 2015).
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King v. Park West Galleries, Inc, 870 N.W.2d 70 (Mich. 2015). “5807(8) (providing the lengthiest potential period of limitations in this case, six years for breach of contract); see also MCL 442.322(a) (providing that a certificate of authenticity from an art merchant to a purchaser, as in this case, creates an express warranty of…”
Brian Beck v. Park West Galleries Inc (Mich. Ct. App. 2016). · cites it 2× “]” MCL 442.322(a). Because it was alleged that defendants fraudulently warranted the authenticity of the artwork, plaintiffs have alleged an affirmative act or misrepresentation that prevented plaintiff’s from discovering their causes of action.”
Mattie King v. Park West Galleries Inc (Mich. Ct. App. 2014). · cites it 2× “However, under MCL 442.322, an art merchant creates an express warranty as to the authenticity of art by providing a non-merchant buyer with a certificate of authenticity.”
Mattie King v. Park West Galleries Inc (Mich. 2015). “5807(8) (providing the lengthiest potential period of limitations in this case, six years for breach of contract); see also MCL 442.322(a) (providing that a certificate of authenticity from an art merchant to a purchaser, as in this case, creates an express warranty of…”
— Mich. Comp. Laws § 442.322(a) — 4 cases
King v. Park West Galleries, Inc, 870 N.W.2d 70 (Mich. 2015). “5807(8) (providing the lengthiest potential period of limitations in this case, six years for breach of contract); see also MCL 442.322(a) (providing that a certificate of authenticity from an art merchant to a purchaser, as in this case, creates an express warranty of…”
Brian Beck v. Park West Galleries Inc (Mich. Ct. App. 2016). “]” MCL 442.322(a). Because it was alleged that defendants fraudulently warranted the authenticity of the artwork, plaintiffs have alleged an affirmative act or misrepresentation that prevented plaintiff’s from discovering their causes of action.”
Mattie King v. Park West Galleries Inc (Mich. Ct. App. 2014). “However, under MCL 442.322, an art merchant creates an express warranty as to the authenticity of art by providing a non-merchant buyer with a certificate of authenticity.”
Mattie King v. Park West Galleries Inc (Mich. 2015). “5807(8) (providing the lengthiest potential period of limitations in this case, six years for breach of contract); see also MCL 442.322(a) (providing that a certificate of authenticity from an art merchant to a purchaser, as in this case, creates an express warranty of…”
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