44-1799.21. Casket sales; price disclosure; definition

A. A person offering caskets for sale to the public shall provide accurate price information to potential purchasers of caskets as follows:

1. The person offering caskets for sale shall provide accurate casket retail price information to any person who telephones for casket price information. If a person requests a casket price list by telephone, the person offering caskets for sale shall mail a price list to the caller and may charge a reasonable postage and handling fee of not more than two dollars.

2. The person offering caskets for sale shall provide a written or printed casket price list for retention to each person who personally inquires about casket prices. The person offering caskets for sale shall offer the inquiring person the casket price list on beginning a discussion regarding the selection of a casket. The person offering caskets for sale shall not show any caskets to a potential purchaser before offering the written or printed price list. The price list shall state the effective date of the list.

B. The person who sells a casket shall deliver the casket to the purchaser or designee at the time of sale.

C. If a person offering caskets for sale to the public does not make the disclosures required by this section to a customer, any contract for the purchase of a casket executed by the person offering caskets for sale and the customer is not enforceable against that customer.

D. For the purposes of this section, " casket" means a rigid container that is designed for the permanent encasement of human remains and that is usually constructed of wood, metal or man-made substances and ornamented or lined with fabric.