(a) 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.
(b) The trust shall be a single purpose trust, and the trust funds are not available to any creditors as assets of the seller, nor may the seller encumber the trust funds.
Structure West Virginia Code
Chapter 35. Property of Religious, Educational and Charitable Organizations
Article 5B. Preneed Cemetery Company Property, Goods and Services; Related Contracts
§35-5B-2. Information Filing; Fees, Compliance Agent
§35-5B-4. Deposit in Preneed Trust Required; Who May Serve as Trustee
§35-5B-5. Requirements for Preneed Cemetery Company Contracts
§35-5B-6. Identification of Funds
§35-5B-7. Corpus of Trust Account and Income to Remain in Preneed Trust Account; Exception
§35-5B-8. Disbursement of Trust Funds Upon Performance of Contract; Mausoleum Construction Required
§35-5B-9. Seller Required to Keep Records
§35-5B-10. Financial Report and Written Assurance Required
§35-5B-11. Inclusion of Property, Goods and Services to Be Delivered Within One Hundred Twenty Days
§35-5B-12. Breach of Contract by Seller; Trust to Be Single Purpose Trust
§35-5B-13. Trustee May Rely on Certifications and Affidavits
§35-5B-14. Transfer of Trust Funds to Another Trustee
§35-5B-15. Use of Trustee's Name in Advertisements
§35-5B-16. Cemetery Property Maintained by Cemetery Company
§35-5B-17. Waiver of Article Void