Title 10, Chapter 14, Section 21
( 10-14-21)
(a) 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. (b) 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. (c) 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. (d) Every cause of action under this chapter survives the death of
any person who might have been a plaintiff or defendant. (e) 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. |