# Business Regulation (GBR)

## Title 5. Cemeteries

### Subtitle 7. Preneed Burial Contracts

#### Section 5-709

(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.

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Md. Code Ann., Bus. Reg. (as displayed at mgaleg.maryland.gov, October 16, 2026)