(1) If for any reason a person who has entered into a contract for the sale of cemetery
merchandise which is paid in full and has made deposits to the trust fund herein required
to be made cannot or does not provide the cemetery merchandise called for by the contract
after a ninety (90) day request in writing to do so, the purchaser or his heirs or
assigns or duly authorized representatives shall be entitled to receive the following:
the deposit to the credit of that particular contract, all income those funds have
earned; and from the cemetery, the remainder, if any, of the purchase price paid.
(2) Written instructions to the trustee to refund the amount of money on deposit,
or an affidavit by either the purchaser or one (1) of his heirs or assigns or duly
authorized representative, stating that the cemetery merchandise contract is paid
in full and after a written request the merchandise was not provided, shall be sufficient
authority for the trustee to make refund of the deposit moneys to the person submitting
the affidavit. The trustee shall not be held responsible for any such refunds made on account of
the person's written direction or an affidavit submitted in accord with this section. However, nothing herein contained shall relieve any person from any liability for
nonperformance of the contract terms. Except, however, in the event such person cannot deliver the cemetery merchandise
sold because of a national emergency, the provision of this section shall not apply.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.