La. Admin. Code tit. 46 § XIII-909

Current through Register Vol. 50, No. 11, November 20, 2024

Section XIII-909 - Written Contracts Required

A. All contracts for cemetery spaces, interment rights, or cemetery related merchandise and services shall be in writing and written in clear and understandable language. All such contracts shall be sequentially numbered and entered into a sales journal numerically.

B. All contracts under Subsection 909. A shall include the following mandatory information:

1. date of the contract;

2. name of the seller and purchaser;

3. statement that the cemetery is perpetual care, if applicable;

4. the location of the interment space;

5. an itemization of the prices charged, including any applied discounts, for each item provided as part of the contract;

6. the terms under which each contract is to be paid; and

7. the clear terms for cancellation of the agreement and the damages for cancellation, if any.

C. All contracts for cemetery spaces or interment rights shall also include:

1. the cost of the cemetery space or interment right(s);

2. the type of interment to be provided and the number of interments allowed. Nothing in this Section shall be interpreted to limit the ability of a cemetery authority to sell or allow multiple interments, as permitted by the cemetery authority's rules;

3. the amount or percentage to be placed in the cemetery's perpetual or endowed care trust; and

4. a statement regarding whether the payment for the cemetery space(s) or interment right(s) includes or does not include the cost of opening and closing of the cemetery space.

D. All contracts for cemetery related merchandise and services shall also include:

1. the price of each item of merchandise or service contracted for;

2. if the merchandise will not be delivered or stored pursuant to R.S. 8:502.1, then the agreement shall state the amount or percentage to be placed in the cemetery's merchandise trust fund;

3. a description of each item of merchandise or service with sufficient information to describe the merchandise or service, including the size, design, and materials used in construction or manufacture.

La. Admin. Code tit. 46, § XIII-909

Promulgated by the Office of the Governor, Cemetery Board, LR 39:2742 (October 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 8:67 and R.S. 8:206.