§ 5-801. Disclosures required

   (a) In general. -- 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) Conspicuous disclosures. --

   (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) Signed and dated. -- The disclosure must be signed and dated by the consumer.

(d) Copy of contract. -- 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) Time of disclosure. -- 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) Form and wording. -- The Director, by regulation, may prescribe the form and wording of the disclosure.

(g) Plot location survey. -- 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) General price list. -- 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.

HISTORY: 1997, ch. 675, § 2; 2001, ch. 186, § 1; 2006, ch. 348; 2012, ch. 368.