West Virginia Code 35-5B-11 – Inclusion of property, goods and services to be delivered within one hundred twenty days
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Nothing in this article prohibits the sale within the contract of preneed property, goods or services to be delivered within one hundred twenty days after the receipt of the initial payment on account of such sale. Contracts may specify separately the total consideration paid or to be paid for preneed property, goods or services not to be delivered or provided within one hundred twenty days after receipt of initial payment. If a contract does not so specify, the seller shall deposit forty percent of the total consideration for the entire contract.
Terms Used In West Virginia Code 35-5B-11
- Contract: A legal written agreement that becomes binding when signed.
- Preneed: means at any time other than either at the time of death or while death is imminent. See West Virginia Code 35-5B-1
- seller: means any person, partnership, firm or corporation engaged in the business of operating a cemetery or selling property, goods or services used in connection with interring or disposing of the remains or commemorating the memory of a deceased human being, where delivery of the property or goods or performance of the service may be delayed later than one hundred twenty days after receipt of the initial payment on account of such sale. See West Virginia Code 35-5B-1