A. No person shall participate as a seller in more than four consummated resale transactions in any calendar year except as authorized by this section or § 54.1-2312.2.
B. Unless exempted by subsection A, no resale transaction shall be valid unless:
1. The resale is at-need;
2. The seller is (i) a funeral director, embalmer, establishment, or service licensed pursuant to Chapter 28 (§ 54.1-2800 et seq.) or (ii) a cemetery company licensed pursuant to this chapter;
3. No more than one interment right is transferred by the transaction;
4. Any merchandise, personal property, or service purchased in the original pre-need transaction is transferred with the interment right;
5. The resale is approved, pursuant to subsection C, by the cemetery company that owns the cemetery in which the interment right exists; and
6. The seller provides written notice to the buyer that the resale transaction is contingent upon (i) approval by the cemetery company that owns the cemetery in which the interment right exists, (ii) payment of the cemetery transfer fee, and (iii) compliance with the provisions of this section.
C. A cemetery company shall approve a resale transaction upon receipt of a valid transfer form that has been acknowledged by the buyer as required by subsection D 6, a reasonable cemetery transfer fee to be set by the cemetery company, and a copy of the bill of sale or other document confirming the resale, provided such approval is consistent with the current rules and regulations of the cemetery company.
D. The transfer form shall be provided by the seller to the buyer at the time of the resale and shall be valid only when signed by the seller, buyer, and cemetery company. At a minimum, the transfer form shall contain the following information:
1. The name and address of each seller and buyer;
2. The valid license number of each seller under Chapter 28 (§ 54.1-2800 et seq.) or under this chapter;
3. A complete description of the location of the property for which the interment right is being sold;
4. A clear disclosure of the cemetery transfer fee;
5. The name, address, and telephone number of the Board and a statement that the Board is the regulatory agency that handles consumer complaints; and
6. An acknowledgement that the buyer has read, understands, and agrees to abide by the current rules and regulations of the cemetery and its current general price list, as applicable.
The information required to be included in the transfer form by subdivisions 1 through 5 shall be provided by the seller.
E. In the event a resale is not approved by the cemetery company under this section, the resale transaction shall be void and within 30 days the seller shall refund to the buyer any and all moneys paid pursuant to the transaction and the buyer shall return to the seller any merchandise or personal property that was transferred to the buyer by the seller as a part of the resale.
2011, c. 792; 2013, c. 395.
Structure Code of Virginia
Title 54.1 - Professions and Occupations
Chapter 23.1 - Cemetery Operators, Perpetual Care Trust Funds and Preneed Burial Contracts
§ 54.1-2311. Cemetery operators required to be licensed by the Board
§ 54.1-2312.01. Special interments; definitions; regulations by Board
§ 54.1-2312.2. Resale of interment right by certain churches and religious organizations
§ 54.1-2313. Board; appointment; terms; vacancies; meetings; quorum; other powers; regulations
§ 54.1-2314. Refusal, suspension or revocation of license or registration
§ 54.1-2315. Other prohibited activities
§ 54.1-2316. Certain representations unlawful; perpetual care trust fund required
§ 54.1-2317. Who may serve as trustee of perpetual care trust fund
§ 54.1-2318. Application of Part a (§ 64.2-1200 et seq.) of Subtitle IV of Title 64.2
§ 54.1-2319. Deposit in perpetual care trust fund required upon sale of graves, etc.
§ 54.1-2320. Additional deposit not required upon subsequent sale of same grave, crypt or niche
§ 54.1-2321. Recovery of original perpetual care trust fund deposit
§ 54.1-2322. Use of income from perpetual care trust fund; distributions
§ 54.1-2323. Financial records required
§ 54.1-2326. Who may serve as trustee of preneed trust fund
§ 54.1-2328. Requirements of preneed burial contracts
§ 54.1-2329. Identification of specific funds
§ 54.1-2330. Specific funds and income to remain in preneed trust account; exception
§ 54.1-2331. Disbursement of trust funds upon performance of contract
§ 54.1-2332. Seller required to keep records
§ 54.1-2334. Inclusion of property and services to be delivered within 120 days
§ 54.1-2335. Breach of contract by seller; trust to be single purpose trust
§ 54.1-2336. Trustee may rely on certifications and affidavits
§ 54.1-2337. Transfer of trust funds to another trustee
§ 54.1-2338. Use of trustee's name in advertisements
§ 54.1-2339. Construction and development of mausoleums and garden crypts
§ 54.1-2340. Waiver of chapter void