S4848

An Act concerning the sale of memorials and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. Each sale of a memorial shall be evidenced by a written contract. The contract shall be signed by all parties thereto and shall clearly and accurately set forth in legible form and in understandable language all terms and conditions of the contract, including, but not limited to:

(1) the names and addresses of the seller and the purchaser of the memorial;

(2) the full name of the individual to be memorialized and, if known, the date of the individual's death;

(3) a visual and written description of the memorial, including:

(a) the material to be used;

(b) the dimensions; and

(4) the approximate date when the memorial is expected to be delivered to the purchaser or other authorized recipient, or installed by the seller pursuant to the contract;

(5) the location where the memorial is to be delivered or the name of the cemetery in which the memorial is to be installed and, if known, the location of the plot or grave;

(6) the total price of the memorial including:

(a) itemized charges for delivery, installation, and, if necessary, additional work, provided that the additional work is clearly described in the contract; and

(b) the schedule for payment, if applicable; and

(7) the option to deposit payments for the memorial into an escrow account pursuant to subsection b. of this section and, if the purchaser opted to deposit payments into an escrow account, the terms of payments to and disbursements from the escrow account.

b. (1) The seller of a memorial shall provide a purchaser with the option to deposit funds for initial and scheduled payments for the memorial into an escrow account in a banking institution or savings and loan association in this State insured by an agency of the federal government.

(2) Upon receipt of the memorial by the purchaser or other authorized recipient or, if specified by the contract, upon the installation of the memorial by the seller, any funds held in escrow shall be disbursed to the seller pursuant to the terms of the contract.

c. A violation of any provision of this section is a violation of P.L.1960, c.39 (C.56:8-1 et seq.), and shall be subject to all remedies and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.) in addition to any other remedies or penalties provided by law.

d. As used in this section:

“Grave” means a place for underground disposition of human remains or cremated human remains. The term may include spaces for the disposition of human remains of more than one person, arranged by depth.

“Memorial” means a marker or monument located at a grave containing the name of a deceased person or the family name of a deceased person, or an effigy or other representation of a deceased person buried in the grave.

2. This act shall take effect on the 180th day next following the date of enactment and shall apply to sales of memorials occurring on or after that date.

STATEMENT

This bill requires each sale of a memorial to be evidenced by a written contract. Under the bill, a contract for the sale of a memorial is to include certain details, including:

(1) the names and addresses of the seller and purchaser of the memorial;

(2) the full name of the individual to be memorialized and, if known, the date of the individual's death;

(3) a visual and written description of the memorial;

(4) the approximate date when the memorial is expected to be delivered to the purchaser or other authorized recipient or installed by the seller pursuant to the contract;

(5) the location where the memorial is to be delivered or the name of the cemetery in which the memorial is to be installed and, if known, the location of the plot or grave;

(6) the total price of the memorial; and

(7) the option to deposit payments for the memorial into an escrow account and, if the purchaser opted to deposit payments into an escrow account, the terms of payments to and disbursements from the escrow account.

With regards to escrow accounts, the bill requires the seller of a memorial to provide the purchaser with the option to deposit funds for initial and scheduled payments for the memorial into an escrow account. Upon receipt of the memorial by the purchaser or other authorized recipient or, if specified by the contract, upon the installation of the memorial by the seller, any funds held in escrow are to be disbursed to the seller pursuant to the contract.

A violation of the bill’s provisions would be an unlawful practice under the consumer fraud act, and would be punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. Additionally, a violation of the consumer fraud act can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.