Cemeteries and Pre-Need Burial Contracts
Consumer Guide for Older Virginians
In times of loss and grief, consumers of all ages - not only older Virginians - can be more vulnerable to fraud. DPOR provides the following guidelines about cemeteries it regulates, so you will be better prepared and informed when faced with difficult decisions surrounding loss of loved ones.
- The Virginia Cemetery Act
- Consumer Tips on Cemetery Services
- Consumer Tips on Pre-Need Burial Contracts
The Virginia Cemetery Act
DPOR regulates for-profit cemeteries which provide perpetual care, as well as those that sell pre-need burial contracts and are required to maintain trust fund accounts. Family-owned, non-profit, and church cemeteries, as well as those owned and operated by localities, are exempt from licensure. DPOR currently licenses over 80 cemetery companies and nearly 1,000 sales personnel in Virginia.
Perpetual care means the proper care, maintenance, embellishment, and reasonable administration of the cemetery grounds and building
State law requires every licensed cemetery to provide a written general price list of all charges for services and property it offers, as well as an itemized statement of charges incurred for burial vaults, facilities, and other professional services.
Consumer Tips on Cemetery Services
- Find out whether the cemetery company is licensed and in good standing. You can check the license status and any disciplinary actions taken since January 2002 of a cemetery company by clicking here, or call the regulatory board at (804) 367-0010
- Compare the prices on your contract with the posted price list before signing the contract.
- Insist on a detailed contract that includes all itemized prices and specifies any future costs.
- Don't rely on verbal promises - get all agreements about grave plots or burial merchandise and services in writing.
- Make sure the grave plot is fully identified in your contract, with space number and location. Look at a map of the cemetery to confirm that the plot you purchase is located correctly.
- Ask whether your grave plot and merchandise are transferable if you move out of town or to another state. Include the details in writing in your contract.
- Find out about the cancellation and refund policies.
- Look at the overall quality of the cemetery's maintenance and care before you purchase a grave plot.
- Get a copy of the cemetery's own rules and regulations. Learn about your rights or restrictions regarding flower placement, cemetery operating hours, replacement of damaged or stolen merchandise, etc.
- A cemetery cannot prohibit you from installing markers purchased from outside dealers on your plot, provided the dealer meets the cemetery's own rules and regulations.
Consumer Tips on Pre-Need Burial Contracts
- Insist on a detailed contract with a complete description of the grave plot and/or services purchased and whether the price is guaranteed.
- Ask about any additional costs, including the opening and closing of the grave. Note the details in writing in your contract.
- If you feel pressured and change your mind after purchasing the pre-need contract, state law guarantees consumers the right to terminate the agreement within three days of its execution. In such instances, the cemetery company is required to provide a full refund (except for any property or supplies already delivered).
