(a) A preneed burial contract shall contain:
(1) the name of the buyer;
(2) the name of the seller;
(3) the name of each individual, other than the buyer, as to whom the preneed goods or preneed services are to be furnished;
(4) a description of the preneed goods or preneed services; and
(5) the amount of the buyer's financial obligation.
(b)(1) A preneed burial contract shall be dated and executed in duplicate by the buyer and seller.
(2) The seller shall give the buyer a duplicate original of the preneed burial contract.
(c)(1) A preneed burial contract may provide for delivery of identified preneed goods by providing for the seller to:
(i) transfer physical possession of the preneed goods to the buyer or designee of the buyer;
(ii) attach the preneed goods to a designated burial space;
(iii) pay for and suitably store the preneed goods until needed, at a cemetery or other location of the seller, if the preneed goods are marked with the name of the buyer and the sale is supported by a verifiable record; or
(iv) have the supplier of the preneed goods:
1. cause title to be transferred to the buyer or designee of the buyer; and
2. agree in writing to ship the preneed goods at the direction of the buyer or designee of the buyer.
(2) If a preneed burial contract does not provide for the manner of delivery of preneed goods, compliance with paragraph (1)(i) or (ii) of this subsection is delivery in accordance with this subtitle.
(d) Notwithstanding any provision in a preneed burial contract, identified preneed services are not considered to have been performed until performance actually occurs.
(e)(1) Except as otherwise provided in this subsection, a preneed burial contract may not provide for interest or a finance charge.
(2) A cemetery that makes a preneed burial contract may impose interest or a finance charge on preneed goods delivered before death or preneed services performed before death.
(3) If a cemetery imposes interest or a finance charge as permitted in paragraph (2) of this subsection, the interest or finance charge shall be at a fixed rate or sum not greater than allowed by the provisions of Title 12 of the Commercial Law Article.
(4) A registered cemeterian or permit holder may sell a preneed burial contract to a commercial lending institution at the financing terms in the contract if the preneed burial contract signed by the original buyer of the preneed goods or preneed services contains the following language in 12-point or larger type:
“Notice to consumers: This contract of sale may be sold to a commercial lending institution. After the sale, the commercial lending institution may impose interest or a finance charge on the remaining balance due”.
(f) A provision of a preneed burial contract that purports to waive any provision of this subtitle is void.
Acts 1992, c. 4, § 2; renumbered from Business Regulation § 5-404 by Acts 1997, c. 675, § 1, eff. July 1, 1997; Acts 1997, c. 675, § 2, eff. Oct. 1, 1997. Amended by Acts 2001, c. 186, § 1, eff. July 1, 2001.
Formerly Art. 23, § 165B.
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.