# COMAR Title 10 — Maryland Department of Health

## Subtitle 29 — Board of Morticians and Funeral Directors

### Chapter 06 — Preneed Contract

#### Regulation .06 Termination of Preneed Contract.

*COMAR 10.29.06.06*

A. Except as otherwise provided in this regulation, a preneed contract may not be terminated by the seller.

B. Except as otherwise provided in this section, a seller may not withdraw from the preneed interest-bearing escrow or trust account the money received from a buyer unless the services and merchandise agreed to in the contract have been provided.

C. At the time a preneed contract is terminated, the seller shall refund to the buyer the payments and interest held for the buyer, if any one of the following conditions occur:

  (1) The buyer or the legal representative or representatives of the buyer demands in writing a refund of the payments made except as set forth in Regulation .09 of this chapter;

  (2) The business of the seller is discontinued;

  (3) The seller is unable to perform under the terms and conditions of the preneed contract for reasons other than an increase in the cost of goods and services; or

  (4) The buyer fails to pay the entire contract price before the death of the beneficiary.