West Virginia Code § 35-5-7

Requirements for cemetery company contracts
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(a) Any cemetery company contract shall:
(1) Be written in clear understandable language and printed in easy-to-read type, size and
style;
(2) Include the name and address of the seller, the contract buyer and the person for whom
the contract is bought if other than the contract buyer;
(3) Contain a complete description of the property, goods or services bought, including an
itemization of the retail price of the property, goods or services bought and, specifically, the
retail price of the monument, marker, installation, foundation, the opening and closing of the
grave site and any other charges. Failure to provide this information is a violation of
subsection (f), section one hundred two, article six, chaapter forty-six-a of this code, relating
to unfair methods of competition and unfair or deceptive acts or practices;
(4) Clearly disclose whether the retail price of the property, goods or services bought is
guaranteed;
(5) Provide that when the particular property, goods or services specified in the contract are
unavailable at the time of delivery, the seller shall furnish property, goods or services similar
in size, style and equal in quality of material and workmanship, and that the representative
of the deceased has the right to reasonably choose the property, goods or services to be
substituted; and
(6) Be executed in duplicate and a signed copy given to the buyer.
(b) For purposes of this article, the following words and phrases have the following
meanings:
(1) W"Cemetery company" or "seller" means any person, partnership, firm or corporation
engaged in the business of operating a cemetery or selling property, goods or services used
in connection with interring or disposing of the remains or commemorating the memory of a
deceased human being.
(2) "Cemetery company contract" means a contract for the sale of real and personal
property, goods or services used in connection with interring or disposing of the remains or
commemorating the memory of a deceased human being.

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