32-2194.04. Contract disclosures; contract disclaimers

A. In all agreements and contracts for the sale of cemetery plots from a cemetery, a broker or agent shall clearly and conspicuously disclose the following information:

1. The nature of the document, including grave site designation.

2. The nature of the cemetery, whether endowed or not under the provisions of this article.

3. That the cemetery operator has received a certificate of authority from the department pursuant to section 32-2194.03 and that these records are available for examination at the department at the request of the purchaser.

4. A provision that all cemetery improvements for the area developed as defined in the application shall be completed by the date indicated in the application.

5. Whether the purchaser is subject to a fee for the following known services or goods associated with future plot use:

(a) Opening or closing interment.

(b) A marker, with or without a setting.

(c) A vault liner purchased with the grave site.

6. Whether a marker or vault may be purchased separately from another vendor.

7. The policy of the cemetery regarding cancellations of contracts, including whether the cemetery issues refunds under canceled contracts.

B. An agreement or contract which fails to make the disclosures required in subsection A of this section is unenforceable against the purchaser.

32-2194.04. Contract disclosures; contract disclaimers

A. In all agreements and contracts for the sale of cemetery plots from a cemetery, a broker or agent shall clearly and conspicuously disclose the following information:

1. The nature of the document, including grave site designation.

2. The nature of the cemetery, whether endowed or not under the provisions of this article.

3. That the cemetery operator has received a certificate of authority from the department pursuant to section 32-2194.03 and that these records are available for examination at the department at the request of the purchaser.

4. A provision that all cemetery improvements for the area developed as defined in the application shall be completed by the date indicated in the application.

5. Whether the purchaser is subject to a fee for the following known services or goods associated with future plot use:

(a) Opening or closing interment.

(b) A marker, with or without a setting.

(c) A vault liner purchased with the grave site.

6. Whether a marker or vault may be purchased separately from another vendor.

7. The policy of the cemetery regarding cancellations of contracts, including whether the cemetery issues refunds under canceled contracts.

B. An agreement or contract which fails to make the disclosures required in subsection A of this section is unenforceable against the purchaser.