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(815 ILCS 390/18) (from Ch. 21, par. 218)
Sec. 18.
(a) If for any reason a seller who has engaged in pre-need
sales has refused, cannot or does not comply with the terms of the pre-need
sales contract within a reasonable time after he is required to do so, the
purchaser or his heirs or assigns or duly authorized representative shall
have the right to a refund of an amount equal to the sales price paid for
undelivered merchandise, services or spaces plus undistributed interest
amounts held in trust attributable to such contract, within 30 days of the
filing of a sworn affidavit with the trustee setting forth the existence of
the contract and the fact of breach. A copy of this affidavit shall be
filed with the Comptroller and the seller. In the event a seller is
prevented from performing by strike, shortage of materials, civil disorder,
natural disaster or any like occurrence beyond the control of the seller,
the seller's time for performance shall be extended by the length of such
delay. Nothing in this Section shall relieve the seller from any liability
for non-performance of his obligations under the pre-need sales contract.
(b) If the purchaser defaults in making payments, the seller shall have
the right to cancel the contract and withdraw from the trust fund the
entire balance to the credit of the defaulting purchaser's account as
liquidating damages. In such event, the trustee shall deliver said balance
to the seller upon its certification, and upon receiving said certification the
trustee may rely thereon and shall not be liable to anyone for such reliance.
(c) After final payment on a pre-need contract, any beneficiary may upon
written demand of a seller, demand that the pre-need contract with such
seller be terminated. The seller shall, within 30 days, initiate a refund
to such purchaser or beneficiary of the entire amount held in trust
attributable to undelivered cemetery merchandise and unperformed cemetery
services, including undistributed interest earned thereon. Where more than
one beneficiary is included in a pre-need contract, a seller need not honor
a demand for cancellation under this paragraph unless all beneficiaries
assent and their signatures are included in written demand for refund.
(Source: P.A. 85-805.)
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