Sec. 15.
(1) In an action to enforce this act all of the following apply:
(a) A disclaimer made pursuant to section 2(2) regarding an item of relevant information shall be effective unless the claimant can establish that the art merchant failed to make reasonable inquiries, according to custom and usage of trade, to ascertain the information, or that the information would have been ascertained as a result of reasonable inquiry.
(b) The court may allow a prevailing party the costs of the action, and may allow a prevailing purchaser reasonable attorney fees. If the court determines that a purchaser's action was brought in bad faith, it may allow the art merchant reasonable attorney fees.
(2) An action to enforce this act shall be brought within the period prescribed by section 2725 of the uniform commercial code, Act No. 174 of the Public Acts of 1962, being section 440.2725 of the Michigan Compiled Laws for an action for a breach of warranty.
History: 1987, Act 40, Eff. Dec. 9, 1987
Structure Michigan Compiled Laws
Act 40 of 1987 - Art Multiples Sales Act (442.351 - 442.367)
Section 442.351 - Short Title.
Section 442.351a - Definitions.
Section 442.352 - Information Required; Transactions to Which Act Applicable.
Section 442.353 - Catalog, Prospectus, Flyer or Other Written Material or Advertisement.
Section 442.354 - Posting of Legible Sign.
Section 442.355 - Information to Be Supplied for Each Multiple; Express Warranty.
Section 442.356 - Supplying Information for Multiple Produced After December 31, 1949.
Section 442.357 - Supplying Information for Multiple Produced After December 31, 1899.
Section 442.358 - Supplying Information for Multiple Produced Before January 1, 1900.
Section 442.360 - Rights, Liabilities, and Remedies Cumulative.
Section 442.361 - Incurring Obligations Prescribed for Art Merchant.
Section 442.362 - Violation; Liability.
Section 442.364 - Liability of Consignor to Purchaser.
Section 442.365 - Action to Enforce Act.