Article 1. General Provisions of California Health And Safety Code >> Division 8. >> Part 3. >> Chapter 2. >> Article 1.
Any private corporation authorized by its articles so to do,
may establish, maintain, manage, improve, or operate a cemetery, and
conduct any or all of the businesses of a cemetery, either for or
without profit to its members or stockholders.
Charges made by a cemetery authority for foundations, for
setting of or permitting the setting of, or for endowment care of,
grave markers or monuments, shall be uniform whether the marker or
monument sale was made by the cemetery authority or by another
person, firm, or corporation. The amount charged for the marker or
monument, the foundation, the setting, permitting the setting and the
deposit for endowment care, shall be separately stated, in the
contract of sale, when applicable.
Every contract of a cemetery authority, including contracts
executed in behalf thereof by a cemetery broker or salesperson, which
provides for the sale by the cemetery authority of an interment plot
or any service or merchandise, shall be in writing and shall contain
all of the agreements of the parties. The contract shall include and
disclose the following:
(a) The total contract price.
(b) Terms of payment, including any promissory notes or other
evidences of indebtedness.
(c) An itemized statement of charges including, as applicable, the
(1) Charges for an interment plot.
(2) Charges for performing burial, entombment, or inurnment.
(3) Charges for a monument or marker.
(4) Charges for any services to be rendered in connection with any
religious or other observance at the site of interment or in any
facility maintained by the cemetery.
(5) Amounts to be deposited in any endowment care or special care
(6) Charges for any insurance to be provided in connection with
(7) Any other charges, which shall be particularized.
(8) Space and location sold.
In addition to any right of rescission which the purchaser
may have under law, a purchaser entering into a contract with a
cemetery broker, salesman, or authority for the provision of an
interment plot or any service or merchandise, may cancel such
contract without payment of a revocation fee or other penalty, within
five calendar days after the purchaser signs it, by giving written
notice of cancellation to the seller at the address specified in the
contract. The notice need not be in any particular form, but shall
indicate the purchaser's intent not to be bound by the contract.
Notice of cancellation, if given by mail, is effective when deposited
in the mail properly addressed with postage prepaid.
Every such contract shall contain in immediate proximity to the
space reserved for the purchaser's signature, in a size equal to at
least 10-point bold type, the following statement: "You, the
purchaser, may cancel this transaction at any time prior to midnight
of the fifth calendar day after the date of this transaction,
provided no interment or substantial service or merchandise has been
provided hereunder. To cancel, deliver or mail written notice of your
intent to (name and address of cemetery authority or cemetery
Upon receipt of a valid notice of cancellation pursuant to this
section, the cemetery authority or broker having custody of any money
or property paid or transmitted by the purchaser on account of the
preneed interment contract shall return such money or property to the
purchaser. The cemetery authority or broker shall promptly notify
the trustee if any such money or property has been transmitted
thereto prior to receipt of the notice of cancellation. It shall be
unlawful for any person to retain money or property received from a
purchaser under such contract more than five business days after
receiving or being apprised of a valid notice of cancellation.
Notwithstanding other provisions of this section, the right of
cancellation granted hereby shall not be applicable if an interment
has been made, or substantial services or merchandise provided, under
the terms of the contract. This section shall supersede existing
provisions of Sections 1689.6 to 1689.11, inclusive, of the Civil
A cemetery authority shall comply with the Mausoleum and
Columbarium Law (Part 5 (commencing with Section 9501)).