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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3733
Experience:  30 years of experience
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The cemetery where I paid cement vault years ago. Has been

Customer Question

The cemetery where I paid for my cement vault years ago. Has been bought up 3 times over the years. Two years ago it was $800 to have vault dug up. Now it is $1000 to have it opened. They said if I pay for the opening now at $1000, that price is locked in. So if they
write up a contract now to verify that, and then 3 years from know, they a bought up again.
How do I know the new company will stand by my $1000 agreement. Can they just say we
are not honoring any old contracts. Is there a way to protect myself from this happening?
Mike
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Gerald-Esquire replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

When you review the agreement look for the "Successors and Assigns" clause. This clause dictates how the agreements of the company will be bound over to another company. In regard to situations such as yours the clause should state that the terms of the agreement shall be enforceable against any successors or assignees of the agreement. This means when a new company buys the cemetary they do so subject to the liabilities and responsibilities of the company they obtained the cemetary from.

These obligations can theoretically be broken if the Cemetary goes bankrupt and the Bankruptcy court releases these liabilities, but as a practical matter that rarely happens.

Also as to cemetaries the Attorney General in most states, and in other states another regulatory authority, enforces such obligations under the state's regulatory authority.

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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