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.]