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2001 NY Att'y Gen. Rep. & Op. [i] (2001)

handle is hein.nyattgen/nysag0116 and id is 1 raw text is: OPINIONS OF THE NEW YORK STATE ATTORNEY GENERAL Opn. No. F 2001 -1 GENERAL BUSINESS LAW §453; UNIFORM COMMERCIAL CODE, ART. 2, §2-102; L. 1993, CH. 529; L. 1954, CH. 359. When there is a pre-need agreement for the sale of funeral and burial merchandise, such as concrete grave liners, section 453 of the General Business Law prohibits constructive delivery of the mer- chandise upon transfer of consideration to the seller. Under section 453, the payment continues to belong to the consumer and must be held in trust and be repaid with interest on demand of the consumer any time prior to actual delivery of the merchandise upon or after the death of the person for whom it has been purchased. You have requested our opinion as to the obligations of public cemetery corporations with respect to persons who purchase funeral or burial merchandise before it is needed, i.e., before the death of the person for whom it is purchased (pre-need purchasers). Specifically, you have called our attention to General Business Law §453, which governs a seller's treatment of payments by a purchaser of funeral or burial merchandise, when such merchandise is not to be delivered.., until the occurrence of the death of the person for whose funeral or burial the merchandise is to be fur- nished. Under this statute, such payments must be held by the seller of the merchandise in a trust account for the purchaser, repayable upon demand of the purchaser until delivery of the merchandise.

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