New York Not-for-Profit Corporation Code § 1513

Sale of burial rights
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§ 1513. Sale of burial rights.\n  (a) Conveyance of lots. (1) Except as otherwise provided in this\nparagraph the right to use any lot, plot or part thereof may be sold or\nconveyed only by the cemetery corporation. (2) It shall be unlawful for\nany person, firm or corporation to purchase or for a cemetery\ncorporation to sell a lot, plot or part thereof for the purpose of\nresale. This provision, however, shall not prohibit the sale to its\nmembers of lots, plots or parts thereof, or the right to use any lot,\nplot or part thereof, by a membership or religious corporation or\nunincorporated association or society which provides burial benefits for\nits members. (3) It shall be unlawful for a cemetery corporation to pay\nor offer to pay, or for any person, firm or corporation to receive,\ndirectly or indirectly, a commission, bonus, rebate or other things of\nvalue for, or in connection with, the sale of any lot, plot or part\nthereof, or the sale of space in a public mausoleum, or the furnishing\nby or through the cemetery corporation of any service, merchandise,\nwares, goods or articles. The provisions of this paragraph shall not\napply to a person regularly employed and supervised by the cemetery\ncorporation. (4) Notwithstanding any inconsistent provision of this\nparagraph, and subject to the provisions of section fifteen hundred\nsixteen of this article, a cemetery corporation may enter into a\ncontract with a third-party vendor to create and maintain a website for\nthe purposes of the sale of any lot, plot or part thereof, or the sale\nof space in a public mausoleum, or the furnishing by or through the\ncemetery corporation of any service, merchandise, wares, goods or\narticles. The third-party vendor may charge a fee for a transaction made\nthrough this website, provided that a fee for all such transactions is\nspecified in the contract and is not dependent on or related to the\nvalue of the lot, goods or services to be sold by the cemetery\ncorporation. (5) A violation of this paragraph shall constitute a\nmisdemeanor and shall be punishable by a fine of not more than five\nhundred dollars or not more than six months imprisonment or both. Each\nviolation shall constitute a separate offense.\n  (b) Prices for burial rights and instruments of conveyance. (1) The\ndirectors must fix and determine the prices of the burial lots, plots or\nparts thereof, and keep a plainly printed copy of the schedules of such\nprices conspicuously posted in each of the offices of the corporation,\nopen at all reasonable times to inspection, and shall file a schedule of\nsuch prices in the office of the cemetery board. (2) Unless its\ncertificate of incorporation or by-laws otherwise provide, and subject\nto its rules and regulations, the corporation shall sell and convey to\nany person the use of the lots, plots or parts thereof designated on the\nmap filed in the office of the corporation, on payment of the prices so\nfixed and determined, but need not sell and convey more than one lot,\nplot or part thereof to any one person. Conveyances of lots, plots and\nparts thereof shall be signed by the president or vice-president and\ntreasurer or assistant treasurer of the corporation. A written contract\nfor the sale or use of a lot, plot or part thereof shall have attached\nthereto and made a part thereof a copy of the rules and regulations of\nthe cemetery corporation or such parts of such rules and regulations as\nrelate to the size and placement of monuments, restrictions on plot\nusage, warranties, obligations of the cemetery corporation and financial\nobligations and duties of the lot owner. If a lot, plot or part thereof\nis sold without a written contract, the corporation shall, before any\npart of the purchase price is paid by the purchaser, deliver to the\npurchaser a copy of the rules and regulations or such parts thereof as\nwould be required to be attached to a written contract. Nothing in this\nsubdivision shall prevent the subse

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