Purchaser's Remedy for Violations

1. Law
2. Georgia Code
3. Commerce and Trade
4. Cemetery and Funeral Services
5. Purchaser's Remedy for Violations

1. Any person who violates any provision of subsection (a) of Code Section 10-14-17 shall be liable to the person buying such burial lot, burial right, burial merchandise, or burial service; and such buyer may bring action in any court of competent jurisdiction to recover the consideration paid in cash for the burial lot, burial right, burial merchandise, or burial service together with interest at the legal rate from the date of such payment, and reasonable attorney's fees and costs.
2. In addition to the remedy set forth in subsection (a) of this Code section, a purchaser may apply to a court of competent jurisdiction in this state for an order authorizing the recovery of the preneed escrow deposit if a registrant fails to deliver burial merchandise or perform preneed burial services in accordance with the terms of the preneed sales contract.
3. No person may bring action under this Code section more than two years from the date of the scheduled completion of the contract for sale or from the date of the sale if there is no contract for sale.
4. Every cause of action under this chapter survives the death of any person who might have been a plaintiff or defendant.
5. Nothing in this chapter shall limit any statutory or common-law right of any person in any court for any act involving the sale of a burial lot, burial right, burial merchandise, or burial services.

(Code 1981, §44-3-145, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Code 1981, §10-14-21, as redesignated by Ga. L. 2000, p. 882, § 1.)

Download our app to see the most-to-date content.