§ 5–709
Statutes in effect as of October 1, 2026.
Md. Code Ann., Bus. Reg. § 5-709 (2026)
Title 5. Cemeteries
Subtitle 7. Preneed Burial Contracts
§ 5–709LinkCopy Citation
(a)
(1)
A buyer may cancel a preneed burial contract as to preneed goods not delivered or preneed services not performed if the buyer:
(i)
permanently moves more than 75 miles from the cemetery specified in the preneed burial contract; and
(ii)
gives to the seller written notice, under oath, of the move and includes the buyer’s new permanent address.
(2)
In that event:
(i)
the seller shall certify to the trustee:
(1)
the cancellation of the preneed burial contract;
(2)
the amount of the remaining specific funds applicable to the preneed burial contract; and
(3)
the name and address of the buyer; and
(ii)
the trustee shall then pay to the buyer the remaining specific funds, accrued interest on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds.
(b)
(1)
Notwithstanding subsection (a) of this section, by written notice, a buyer may cancel the purchase of a casket or casket vault under a preneed burial contract at any time prior to the time the buyer needs the casket or casket vault for burial.
(2)
In that event:
(i)
the seller shall certify to the trustee:
(1)
the cancellation of the purchase of the casket or casket vault under the preneed burial contract;
(2)
the amount of the specific funds applicable to the casket or casket vault under the preneed burial contract; and
(3)
the name and address of the buyer;
(ii)
the trustee shall pay to the buyer the specific funds, interest accrued on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds; and
(iii)
in addition to the refund paid by the trustee, the seller shall pay to the buyer an amount of money necessary to provide the buyer with a refund of 100% of the money paid for the casket or casket vault under the preneed burial contract.
(c)
If a buyer fails to provide written notice of cancellation and defaults on a preneed burial contract and, as a result, the seller terminates the preneed burial contract:
(1)
the seller shall certify to the trustee:
(i)
the default and termination of the preneed burial contract;
(ii)
the amount of the specific funds; and
(iii)
the reasonable expenses of the seller; and
(2)
the trustee shall then pay:
(i)
to the buyer, those specific funds, accrued interest on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds, less the reasonable expenses of the seller; and
(ii)
to the seller, the reasonable expenses of the seller.
(d)
If specific funds on deposit in a trust account have been dormant for at least 50 years since the date of the last deposit or disbursement and the seller cannot locate the buyer:
(1)
the seller shall certify to the trustee:
(i)
that the trust account is dormant and the buyer cannot be located; and
(ii)
the amount of the specific funds; and
(2)
the trustee shall then pay to the seller those specific funds, accrued interest on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds.