Sec. 11.5. (a) As used in this chapter, “cash advance item” means an item of property, or services, or merchandise that is not sold directly by a seller and is described to a purchaser as one (1) of the following:

(1) A cash advance.

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Terms Used In Indiana Code 30-2-13-11.5

  • contract: means a written agreement between a purchaser and a seller that:

    Indiana Code 30-2-13-4

  • Contract: A legal written agreement that becomes binding when signed.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • purchaser: means a person or firm contracting with a seller for services or merchandise to be provided or delivered for a named individual. See Indiana Code 30-2-13-9
  • seller: means a person doing business as a sole proprietor, a firm, a limited liability company, a corporation, an association, or a partnership contracting to provide services or merchandise, or both, to a named individual. See Indiana Code 30-2-13-10
  • services or merchandise: includes personal property or services:

    Indiana Code 30-2-13-8

(2) An accommodation.

(3) A cash disbursement.

(4) An estimated future charge by a third party.

(5) A similar term.

     (b) The term also refers to a service or property obtained from a third party for which the seller collects an estimated payment to be held in trust or escrow until services or merchandise subject to a contract are delivered because the cost of the service or property can only be estimated at the time the contract is made.

     (c) Cash advance items include the following:

(1) Cemetery or crematory services.

(2) Pallbearers.

(3) Public transportation.

(4) Clergy honoraria.

(5) Flowers.

(6) Musicians or singers.

(7) Nurses.

(8) Obituary notices.

(9) Gratuities.

(10) Death Certificates.

(11) Sales tax.

(12) Foreign language interpreters.

(13) Religious commemorative services.

(14) Fees charged for the following:

(A) Interment.

(B) Opening and closing of a grave or crypt.

     (d) If property or services are not cash advance items under this section, they are services or merchandise under section 8 of this chapter.

As added by P.L.114-1999, SEC.7.