Section 436.412 – Violations, disciplinary actions authorized — governing law for contracts.
Effective – 28 Aug 2011, 2 histories 436.412. Violations, disciplinary actions authorized — governing law for contracts. — Each preneed contract made before August 28, 2009, and all payments and disbursements under such contract shall continue to be governed by this chapter as the chapter existed at the time the contract was made. Any licensee […]
Section 436.415 – Provision of certain services required by provider — seller’s duties.
Effective – 28 Aug 2009 436.415. Provision of certain services required by provider — seller’s duties. — 1. Except as otherwise provided in sections 436.400 to 436.520, the provider designated in a preneed contract shall be obligated to provide final disposition, funeral or burial services and facilities, and funeral merchandise as described in the preneed […]
Section 436.420 – Written contract required, contents — notification to board of provider authorization — seller to provide copy of contract to board upon request.
Effective – 28 Aug 2009 436.420. Written contract required, contents — notification to board of provider authorization — seller to provide copy of contract to board upon request. — 1. No person shall be designated as a provider in a preneed contract unless the provider has a written contractual agreement with the seller. Any seller […]
Section 436.425 – Contract form, requirements — voidability of contract — waiver of contract benefits for public assistance recipients.
Effective – 28 Aug 2009 436.425. Contract form, requirements — voidability of contract — waiver of contract benefits for public assistance recipients. — 1. All preneed contracts shall be sequentially numbered and in writing and in a font type and size that are easily read, and shall clearly and conspicuously: (1) Include the name, address […]
Section 436.430 – Trust-funded preneed contract requirements.
Effective – 28 Aug 2009 436.430. Trust-funded preneed contract requirements. — 1. A trust-funded guaranteed preneed contract shall comply with sections 436.400 to 436.520 and the specific requirements of this section. 2. A seller must deposit all payments received on a preneed contract into the designated preneed trust within sixty days of receipt of the […]
Section 436.435 – Compliance of contracts entered into prior to effective date — investment of trust property and assets — loans against assets prohibited.
Effective – 28 Aug 2009 436.435. Compliance of contracts entered into prior to effective date — investment of trust property and assets — loans against assets prohibited. — 1. To the extent that any provisions in this chapter which come into effect on August 28, 2009, apply to trusts governed under this chapter which are […]
Section 436.336 – Applicability.
Effective – 28 Aug 2002 436.336. Applicability. — Sections 436.300 to 436.336 shall apply to contracts and agreements entered into after August 28, 2002. Sections 436.300 to 436.336 shall apply to all private construction projects, except single-family residential construction and other residential construction consisting of four or fewer units. ——– (L. 2002 H.B. 1403)
Section 436.350 – Definitions.
Effective – 28 Aug 2005 436.350. Definitions. — As used in sections 436.350 to 436.365, unless the context clearly requires otherwise, the following terms shall mean: (1) “Action”, any civil lawsuit, action, or proceeding, in contract or tort, or otherwise, for damages or indemnity, brought to assert a claim, whether by petition, complaint, counterclaim, or […]
Section 436.353 – Notice of offer to cure defects by contractor, contents — effect on court actions.
Effective – 28 Aug 2005 436.353. Notice of offer to cure defects by contractor, contents — effect on court actions. — 1. The contractor shall provide notice to each homeowner upon entering into a contract for sale, construction, or substantial remodel of a residence of the contractor’s right to offer to cure construction defects before […]
Section 436.356 – Court actions arising from construction defects, notice of alleged defect to be given, response of contractor — dispute of claim, procedure — mediation, where to occur.
Effective – 28 Aug 2005 436.356. Court actions arising from construction defects, notice of alleged defect to be given, response of contractor — dispute of claim, procedure — mediation, where to occur. — 1. In every action against a contractor arising from construction or substantial remodel of a residence, a claimant shall serve the contractor […]