(a) In this subtitle the following words have the meanings indicated. (b) (1) “Burial space” means land or space in a structure used or to be used for burial. (2) “Burial space” includes a burial right in the land or space. (c) “Buyer” means a person who buys preneed goods or preneed services. (d) “Preneed burial contract” means a written instrument […]
(a) This subtitle does not apply to: (1) the sale of burial space; (2) a preneed contract made by an individual in connection with practicing funeral direction or practicing mortuary science, as those practices are defined in and regulated by the Health Occupations Article; or (3) the preneed sale of burial goods or services by a private family cemetery […]
This subtitle applies only to preneed burial contracts made on or after October 1, 1984.
(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. […]
(a) (1) Except as provided in subsection (b) of this section, a seller shall put in trust the second 50% of the total preneed burial contract price as the seller receives payments from the buyer. (2) Within 30 days after receipt of the last payment, the seller shall deposit an additional amount to make the balance in the […]
(a) Each trust account shall be: (1) titled “preneed trust account”; and (2) established by the seller in the seller’s name. (b) A trustee appointed under this subtitle must be: (1) a national banking association, as defined in the Financial Institutions Article; (2) a banking institution, as defined in the Financial Institutions Article; (3) any other financial institution allowed by law to […]
(a) In this section, “seller’s account” means: (1) the total of specific funds deposited from all preneed burial contracts of a seller commingled in a single fund; and (2) any income derived from investing the money in the fund. (b) Trust accounts shall be administered as this subtitle provides. (c) (1) Except as otherwise provided in this subtitle, a trustee appointed […]
(a) The trustee may not disburse specific funds until preneed goods are delivered or preneed services are performed as provided in the preneed burial contract or in this subtitle. (b) On performance of a preneed burial contract: (1) the seller shall certify to the trustee: (i) delivery of the preneed goods or performance of the preneed services; and (ii) the […]
(a) (1) A buyer may cancel a preneed burial contract as to preneed goods not delivered or preneed services not performed if the buyer: (i) permanently moves more than 75 miles from the cemetery specified in the preneed burial contract; and (ii) gives to the seller written notice, under oath, of the move and includes the buyer’s new permanent […]
(a) (1) Each seller shall keep detailed records of all preneed burial contracts and specific funds. (2) The records of each seller and of each trustee appointed by the seller are subject to examination by: (i) the Director; (ii) the Attorney General or an authorized representative of the Attorney General; and (iii) the State’s Attorney for the county where the seller […]
(a) If the Director finds that a seller has violated this subtitle or a regulation adopted under this subtitle, the Director may refer the matter to: (1) the Attorney General for civil enforcement; or (2) the appropriate State’s Attorney for criminal prosecution. (b) The Attorney General may sue for and a court may grant: (1) injunctive or other equitable relief; […]
(a) A seller may not fail to deposit, as required by this subtitle, money received under or in connection with a preneed burial contract. (b) (1) Except as otherwise provided in subsection (c) of this section, a person who violates this section is guilty of a misdemeanor and, on conviction, is subject to: (i) for a first violation, a […]
