1. Except as may otherwise be specifically authorized in writing by the Administrator, after the Division’s written approval of plans and specifications for the construction of a mausoleum or columbarium, no cemetery authority or person on behalf of such cemetery authority shall sell, offer for sale, contract to sell or negotiate the sale of a crypt or niche in any such advertised or projected structure before receiving a certificate of occupancy, unless the cemetery authority:
(a) Provides a bond, if deemed necessary by the Administrator, in favor of the State of Nevada in an amount which is sufficient to cover the amount of sales commission that has been received from the buyer until the structure is completed and complies with paragraphs (c) and (d) of this subsection; or
(b) Is able to provide a certificate of ownership for existing crypts or niches of comparable value to the one sold and includes a provision in each contract of sale that the purchaser has the right of exchange for an existing crypt or niche of comparable value; and
(c) Deposits the net proceeds, remaining after payment of the sales commission, collected on the sale of such crypts or niches, into a trust for the purpose of the construction of the projected or advertised mausoleum or columbarium; and
(d) Has provisions for satisfactory temporary entombment or interment, acceptable to the contract purchaser or the representative of the deceased contract beneficiary, pending completion of construction and delivery of the approved crypt or niche, when sold by reference to construction plans and specifications, in accordance with the terms of the sales contract.
2. Each contract for the sale of a mausoleum crypt or niche before a certificate of occupancy is obtained shall contain a provision substantially stating: "If the seller at any time finds himself or herself unable to fulfill this agreement owing to an act of God, strike, riot, order of civil or military authority or to any other unforeseen contingency, he or she shall return to the purchaser all moneys that may have been paid hereunder, and this agreement thereupon shall be void."
(Added to NRS by 1971, 2065)
Structure Nevada Revised Statutes
NRS 452.001 - Applicability of provisions.
NRS 452.002 - Adverse use by public presumptive evidence of dedication as public cemetery.
NRS 452.004 - "Administrator" defined.
NRS 452.0055 - "Board" defined.
NRS 452.007 - "Buyer" defined.
NRS 452.0075 - "Cemetery" defined.
NRS 452.008 - "Cemetery authority" defined.
NRS 452.0085 - "Division" defined.
NRS 452.0087 - "Endowment care cemetery" defined.
NRS 452.018 - "Sales commission" defined.
NRS 452.019 - "Seller" defined.
NRS 452.023 - "Unitrust" defined.
NRS 452.025 - Regulations of Administrator.
NRS 452.026 - Regulations of Board.
NRS 452.027 - Cooperation and exchange of information between Administrator and Board.
NRS 452.070 - Authority may collect fee from purchaser of plot for maintenance of cemetery.
NRS 452.080 - Agreement for endowment care.
NRS 452.090 - Agreement concerning maintenance of plot.
NRS 452.120 - Requirements for deposit by endowment care cemetery.
NRS 452.130 - Additional deposit required before disposition of plot.
NRS 452.140 - Endowment care cemetery may contain area without endowment care; requirements.
NRS 452.160 - Use of funds; authorized investments; annual financial statements.
NRS 452.200 - Liability and penalty for unauthorized use or investment of funds.
NRS 452.220 - Requirements for construction of crypt or catacomb.
NRS 452.230 - Supervision of construction: Inspector; final certificate.
NRS 452.235 - Certificate of occupancy required before use.
NRS 452.250 - Deposit of money required by NRS 452.120.
NRS 452.330 - Content of financial statement.
NRS 452.340 - Certificate of authority: Issuance; duration.
NRS 452.350 - Regulations of cemetery authority.
NRS 452.360 - Map of cemetery: Requirements; content; inspection.
NRS 452.410 - Certificate of occupancy required before sale of crypt or niche; exceptions.
NRS 452.645 - Applicability of provisions.
NRS 452.650 - Adoption of local ordinances.
NRS 452.655 - Dedication of property for use as cemetery: Procedure; effect.
NRS 452.660 - Dedication of property for use as cemetery: Removal of dedication.
NRS 452.665 - Dedication of property for use as cemetery: Priority over encumbrances.
NRS 452.670 - Prerequisites to operation of cemetery.
NRS 452.675 - Restriction on operation of crematory.
NRS 452.685 - Trust fund for endowment care: Requirements for deposit.
NRS 452.700 - Trust fund for endowment care: Exemption from process of law.
NRS 452.705 - Trust fund for endowment care: Minimum sums.
NRS 452.710 - Trust fund for endowment care: Trustees.
NRS 452.715 - Trust fund for endowment care: Administration.
NRS 452.730 - Posting and inspection of sign indicating endowment care.
NRS 452.735 - Unlawful acts; investigation by Administrator.