2022 Kentucky Revised Statutes Chapter 367 - Consumer protection 367.956 Return of deposits, plus income thereon, in cases of default on part of seller.
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367.956 Return of deposits, plus income thereon, in cases of default on part of
seller.
(1)
(2)
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.
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