Section 214.282

Title XII PUBLIC HEALTH AND WELFARE

Chapter 214

Effective - 28 Aug 2010   

  214.282.  Voidability of contracts, exceptions. — 1.  Each contract sold by a cemetery operator for cemetery services or for grave lots, grave spaces, markers, monuments, memorials, tombstones, crypts, niches, mausoleums, or other receptacles shall be voidable by the purchaser and deemed unenforceable unless:

  (1)  It is in writing;

  (2)  It is executed by a cemetery operator who is in compliance with the licensing provisions of this chapter;

  (3)  It identifies the contract purchaser and identifies the cemetery services or other items to be provided;

  (4)  It identifies the name and address of any trustee or escrow agent that will receive payments made pursuant to the contract under the provisions of section^* 214.320, 214.330, or 214.387, if applicable;

  (5)  It contains the name and address of the cemetery operator; and

  (6)  It identifies any grounds for cancellation by the purchaser or by the cemetery operator on default of payment.

  2.  If a cemetery prearranged contract does not substantially comply with the provisions of this section, all payments made under such contract shall be recoverable by the purchaser, or the purchaser's legal representative, from the contract seller or other payee thereof, together with interest at the rate of ten percent per annum and all reasonable costs of collection, including attorneys' fees.

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(L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)

*Word "sections" appears in original rolls.