367.956 Return of deposits, plus income thereon, in cases of default on part of

252 words·~1 min read·/ky/367-956

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

seller.

(1)If for any reason a person who has entered into a contract for the sale of cemetery

merchandise which is paid in full and has made deposits to the trust fund herein

required to be made cannot or does not provide the cemetery merchandise called for

by the contract after a ninety

(90)day request in writing to do so, the purchaser or

his heirs or assigns or duly authorized representatives shall be entitled to receive the

following: the deposit to the credit of that particular contract, all income those funds

have earned; and from the cemetery, the remainder, if any, of the purchase price

paid.

(2)Written instructions to the trustee to refund the amount of money on deposit, or an

affidavit by either the purchaser or one

(1)of his heirs or assigns or duly authorized

representative, stating that the cemetery merchandise contract is paid in full and

after a written request the merchandise was not provided, shall be sufficient

authority for the trustee to make refund of the deposit moneys to the person

submitting the affidavit. The trustee shall not be held responsible for any such

refunds made on account of the person's written direction or an affidavit submitted

in accord with this section. However, nothing herein contained shall relieve any

person from any liability for nonperformance of the contract terms. Except,

however, in the event such person cannot deliver the cemetery merchandise sold

because of a national emergency, the provision of this section shall not apply.