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§ 5-801. Contracts for sales of burial goods

West's Annotated Code of MarylandBusiness RegulationEffective: July 1, 2012

West's Annotated Code of Maryland
Business Regulation (Refs & Annos)
Title 5. Cemeteries (Refs & Annos)
Subtitle 8. Miscellaneous Provisions (Refs & Annos)
Effective: July 1, 2012
MD Code, Business Regulation, § 5-801
§ 5-801. Contracts for sales of burial goods
(a) 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)(1) The disclosures required under subsection (a)(1), (2), and (3) of this section shall be conspicuously incorporated in the contract in 12-point type.
(2) The disclosure required under subsection (a)(4) of this section shall be on a form separate from the contract and must be separately signed and dated by the consumer.
(c) The disclosure must be signed and dated by the consumer.
(d) The consumer must be provided with a copy of the contract and a copy of the form required under subsection (b)(2) of this section at the time of purchasing the burial goods or services.
(e) 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) The Director, by regulation, may prescribe the form and wording of the disclosure.
(g) 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) 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.

Credits

Acts 1997, c. 675, § 2, eff. Oct. 1, 1997; Acts 2001, c. 186, § 1, eff. July 1, 2001. Amended by Acts 2006, c. 348, § 1, eff. Oct. 1, 2006; Acts 2012, c. 368, § 1, eff. July 1, 2012.
MD Code, Business Regulation, § 5-801, MD BUS REG § 5-801
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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