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Consumer Law Regarding Pre-Paid Funeral
Expenses
The Ministry of the Attorney General regulates terms and
conditions of pre-paid services offered by funeral homes, cemetery operators and
memorial dealers. For complete regulations, see http://www.ag.gov.bc.ca/cs/cemetfun.htm.
These are some highlights of the regulations:
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Funeral services plan contracts are required by law to
include an itemized listing of all goods and services purchased and any
other costs involved.
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Money collected under a prearranged agreement is
placed in trust and the trust account is administered by a savings
institution in British Columbia in accordance with a written agreement
between the savings institution and the funeral provider or cemetery
operator. Sellers of prearranged plans must submit annual reports to
the Registrar of
Cemeteries and Funeral Services.
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A funeral provider or cemetery operator must deposit
the money collected into a trust account within 21 days. Sellers are
entitled to a deduction for selling expenses of not more than 20 per cent
of the amount received.
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Funeral homes and cemeteries are prohibited by law to
engage in direct selling at a person’s residence or to engage in
telephone solicitation. A funeral salesperson may enter your home to sell
you a prepaid funeral after receiving an invitation from you at least 24
hours in advance. Back.
Cancellation Rights For Pre-Paid
Arrangements
A contract for a prearranged funeral services
plan cemetery services plan may be cancelled at any time by the purchaser
or by the personal representative of the deceased.
If you want to cancel your prearranged funeral
services plan or cemetery services plan in any of the following circumstances,
you must deliver a cancellation letter, or send it by registered mail, to the
funeral provider's business premises.
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If a copy of the contract is not given to you at the
time you sign it, or if a copy is not delivered or sent to you by
registered mail within seven days after you have signed the contract, you
may cancel it and receive a full refund.
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If you receive a copy of the contract more than seven
days after you have signed it, you
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have up to 30 days after receiving it to cancel the
contract with a full refund.
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Contracts signed at any place other than the funeral
provider's place of business (i.e., in your home) may be cancelled with a
full refund if you deliver or send a letter by registered mail to the
seller within seven days of the date you receive a copy of the signed
contract.
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After seven days, you are still entitled to cancel a
prearranged funeral services plan contract or prepaid cemetery services
plan contract, but you will be refunded only 80 per cent of the money
paid, plus interest depending on the terms of the contract.
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Certain goods that have a unique characteristic or
personalized nature may not be refundable.
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In any contract of sale (including the sale of a
cemetery lot), the seller must explain under what terms a refund will be
made. Before you sign the contract, make sure you understand your
cancellation rights.
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Once you buy a cemetery lot, even if it is part of a
prepaid agreement, you have no legal right to cancel, except under the
following conditions:
-
if the contract was signed in your home, in which case
you have seven days from the date you receive the signed contract to
cancel it with a full refund.
-
if the contract is not given to you at the time the
contract is signed, or if a copy is not delivered to you by registered
mail within seven days after the contract is signed, then you have 30 days
from when you receive a copy of the signed contract in which to cancel
with a full refund.
Make certain you read and understand a
contract before signing it. If possible, have a relative, family friend or
lawyer look it over with you.
http://www.ag.gov.bc.ca/cs/cemetfun.htm
Back.
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