2009 West Virginia Code
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL
ARTICLE 5B. PRENEED CEMETERY COMPANY PROPERTY, GOODS AND SERVICES; RELATED CONTRACTS.
§35-5B-12 Breach of contract by seller; trust to be single purpose trust.
§35-5B-12. Breach of contract by seller; trust to be single
purpose trust.(a) If, after a written request, the seller fails to perform its contractual duties, the purchaser, executor or administrator of the estate, or heirs, or assigns or duly authorized representative of the purchaser shall be entitled to maintain a proper legal or equitable action in any court of competent jurisdiction. No other purchaser need be made a party to or receive notice of any proceeding brought pursuant to this section relating to the performance of any other contract.
(b) The trust shall be a single purpose trust, and the trust funds are not available to any creditors as assets of the seller, nor may the seller encumber the trust funds.
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