If, after a written request, the seller fails to perform its contractual duties, the purchaser, executor or administrator of the estate, or heirs, or assigns or duly authorized representative of the purchaser shall be entitled to maintain a proper legal or equitable action in any court of competent jurisdiction. No other purchaser need be made a party to or receive notice of any proceeding brought pursuant to this section relating to the performance of any other contract.
The trust shall be a single purpose trust, and the trust funds shall not be available to any creditors as assets of the seller.
1998, cc. 708, 721.
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