2013 Kentucky Revised Statutes
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367.956 Return of deposits, plus income thereon, in cases of default on part
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.
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.
Effective:July 15, 1986
History: Amended 1986 Ky. Acts ch. 331, sec. 50, effective July 15, 1986. -Created 1984 Ky. Acts ch. 116, se. 15, effective July 13, 1984.
CHAPTER 367 - CONSUMER PROTECTION
367.956 Return of deposits, plus income thereon, in cases of default on part of seller.
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