                                 CODE OF VIRGINIA

RESALE OF INTERMENT RIGHT; CONDITIONS FOR RESALE TRANSACTION; CONTENTS OF
TRANSFER FORM; APPROVAL BY CEMETERY COMPANY (§ 54.1-2312.1)

A. No person shall participate as a seller in more than four consummated resale
transactions in any calendar year except as authorized by this section or &#xA7;
54.1-2312.2.

B. Unless exempted by subsection A, no resale transaction shall be valid unless:

   1. The resale is at-need;

   2. The seller is (i) a funeral director, embalmer, establishment, or service
   licensed pursuant to Chapter 28 (&#xA7; 54.1-2800 et seq.) or (ii) a cemetery
   company licensed pursuant to this chapter;

   3. No more than one interment right is transferred by the transaction;

   4. Any merchandise, personal property, or service purchased in the original
   pre-need transaction is transferred with the interment right;

   5. The resale is approved, pursuant to subsection C, by the cemetery company
   that owns the cemetery in which the interment right exists; and

   6. The seller provides written notice to the buyer that the resale transaction
   is contingent upon (i) approval by the cemetery company that owns the cemetery
   in which the interment right exists, (ii) payment of the cemetery transfer
   fee, and (iii) compliance with the provisions of this section.

C. A cemetery company shall approve a resale transaction upon receipt of a valid
transfer form that has been acknowledged by the buyer as required by subsection
D 6, a reasonable cemetery transfer fee to be set by the cemetery company, and a
copy of the bill of sale or other document confirming the resale, provided such
approval is consistent with the current rules and regulations of the cemetery
company.

D. The transfer form shall be provided by the seller to the buyer at the time of
the resale and shall be valid only when signed by the seller, buyer, and
cemetery company. At a minimum, the transfer form shall contain the following
information:

   1. The name and address of each seller and buyer;

   2. The valid license number of each seller under Chapter 28 (&#xA7; 54.1-2800
   et seq.) or under this chapter;

   3. A complete description of the location of the property for which the
   interment right is being sold;

   4. A clear disclosure of the cemetery transfer fee;

   5. The name, address, and telephone number of the Board and a statement that
   the Board is the regulatory agency that handles consumer complaints; and

   6. An acknowledgement that the buyer has read, understands, and agrees to
   abide by the current rules and regulations of the cemetery and its current
   general price list, as applicable.
   				The information required to be included in the transfer form by
   subdivisions 1 through 5 shall be provided by the seller.

E. In the event a resale is not approved by the cemetery company under this
section, the resale transaction shall be void and within 30 days the seller
shall refund to the buyer any and all moneys paid pursuant to the transaction
and the buyer shall return to the seller any merchandise or personal property
that was transferred to the buyer by the seller as a part of the resale.

HISTORY: 2011, c. 792; 2013, c. 395.