1. It is unlawful for any person to receive, hold, control or manage money or proceeds received or derived from the sale of, or from a contract to sell, any personal property, equipment, merchandise or supplies of any description not then already existing, available, deliverable and suitable for use in, or for the performance of, any services connected with the interment, entombment or inurnment of the remains of any deceased person, whether any such payment is made in lump sum or on an installment basis, before the demise of the contract beneficiary for whom purchased, unless the provisions of NRS 689.450 to 689.595 , inclusive, are complied with. 2. The provisions of subsection 1 do not apply to: (a) The sale of grave plots, interests in land of a cemetery or space in a mausoleum vault or crypt or columbarium niche by any cemetery authority otherwise authorized to make such sales under NRS 689.450 to 689.595 , inclusive, which sales must be separated and distinctly defined in any agreement for burial merchandise and services. (b) A bona fide prepaid agreement whereby a cemetery authority is to furnish burial merchandise and services to a person who has a medically diagnosed terminal illness and which agreement is entered into and fully performed by the cemetery authority within 60 days of the date medically predicted for the demise of the beneficiary named in any such agreement.
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