Section 5-801 - Disclosures required.
§ 5-801. Disclosures required.
(a) In general.- At the time of entering into a contract with a consumer for the sale of burial goods or services, registrants, permit holders, or any other person subject to the provisions of this title shall make the following written disclosures:
(1) the itemized cost for each service performed under the contract;
(2) a list of services incidental to burial that are not covered by the contract;
(3) a statement regarding the cemetery's policy on the use of independent monument companies; and
(4) the name, address, and telephone number for the State Office of Cemetery Oversight.
(b) Conspicuous disclosures.- The disclosures shall be conspicuously incorporated in the contract in 12-point type.
(c) Signed and dated.- The disclosure must be signed and dated by the consumer.
(d) Copy of contract.- The consumer must be provided with a copy of the contract at the time of purchasing the burial goods or services.
(e) Time of disclosure.- The disclosure shall occur:
(1) not later than the first scheduled face-to-face contact with the purchaser or party representing the purchaser; or
(2) if no face-to-face contact occurs, at the time of the execution of the contract by the purchaser or party representing the purchaser.
(f) Form and wording.- The Director may by regulation prescribe the form and wording of the disclosure.
(g) Plot location survey.- If the purchase by the consumer includes a cemetery plot, the registered cemeterian, permit holder, or any other person subject to the provisions of this title shall provide the consumer with a copy of a location survey, performed by a licensed land surveyor, which indicates the location of the purchased plot within the cemetery, or by any other means approved by the Director.
(h) General price list.- Registrants, permit holders, or any other person subject to the provisions of this title shall provide each buyer or prospective buyer with a general price list for the buyer or prospective buyer to keep which shall include:
(1) specific prices for:
(i) ground opening and closing;
(ii) extra depth interment;
(iii) interment of cremated remains; and
(iv) mausoleum entombment; and
(2) general price ranges for burial space or burial goods.
[1997, ch. 675, § 2; 2001, ch. 186, § 1; 2006, ch. 348.]