Section 436.457

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

Effective - 28 Aug 2009   

  436.457.  Seller's right to cancel, when, procedure. — 1.  A seller shall have the right to cancel a trust-funded or joint-account funded preneed contract if the purchaser is in default of any installment payment for over sixty days.

  2.  Prior to cancelling the contract, the seller shall notify the purchaser and provider in writing that the contract shall be cancelled if payment is not received within thirty days of the postmarked date of the notice.  The notice shall include the amount of payments due, the date the payment is due, and the date of cancellation.

  3.  If the purchaser fails to remit the payments due within thirty days of the postmarked date of the notice, then the seller, at its option, may either cancel the contract or may continue the contract as a nonguaranteed contract where the purchaser will receive full credit for all payments the purchaser has made into the trust towards the cost of the beneficiary's funeral service or merchandise from the provider.

  4.  Upon cancellation by the seller under this section, eighty-five percent of the contract payments shall be refunded to the purchaser.  All remaining funds shall be distributed to the seller.

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(L. 2009 S.B. 1)