Ch8 preneed regulatory compliance Flashcards
Funeral laws are ___ ___
State laws
A conference to purchase ___ ___ ____ may be hold in a funeral establishment, private residence, or any suitable location
Prefunded funeral arrangements
The FTC funeral rule requirement apply to what kinds of cases?
At need at pre need
What must a general price list (GPL) contain?
All of the FTC mandatory disclosures, as well as any state or local statements
A contract that is not valid
A void contract
What are some reasons a contract would be void?
-Terms of the agreement are illegal or against public policy
-Party was not of sounds mind when signing
-Party was under age of consent
-Terms are impossible
-Contract restricts the rights of a party
A contract that is valid and may be enforceable in certain situations if both parties agree to move forward.
-One party can oppose the contract for legal reasons
Voidable
What are some circumstances that can make a contract voidable?
-A party was coerced or threatened into signing
-Party was under the influence
-Party is not of sound mind
-Terms of the contract were breeched
-Mutual mistake on behalf of both parties
-Contract is fraudulent
-Misrepresentation occurs
What are some other considerations that could impose legal obligation other than preneed contracts?
-Last will and testament
-Priority of control
-Court decisions
-Third-party contracts
When does the FTC cooling off rule apply?
If the conference location to purchase “pre funded funeral arrangements” is in a location other than at the funeral establishment
When does the FTC funeral rule apply?
Whenever/ wherever arrangements are being made
What is an executor?
A person appointed by the court to handle the estate
Who enforces laws?
The executive branch
