Indiana Code 24-4-17-11. Conditions of accepting an item for commission on consignment; remedies
(1) The value of the item.
Terms Used In Indiana Code 24-4-17-11
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- commission: means the fee that a consignor and a retail merchant have agreed that the retail merchant may retain after the sale of the consignor's item to a third party. See Indiana Code 24-4-17-4
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- on consignment: means that no:
Indiana Code 24-4-17-6
- retail merchant: means a retail merchant making a retail transaction as described in Indiana Code 24-4-17-7
(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.