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"We have reviewed Mrs. Preston's claim regarding her contract with Christian Memorial Cultural Center, and we categorically deny her claims of bad business practices, including: Misrepresentation or fraud, unfair practice, failure to respond to complaint, hidden conditions or restrictions, and high-pressure sales tactics. Regarding her contract from 1984, the cemetery has already provided the niche and entombment rights that were purchased; the name plate and death dates that were included in her contract, and which do not need to be purchased again, contrary to her statement, are traditionally provided at the time of need. Finally, regarding the opening and closing charges that were discussed with Mrs. Preston, those charges are required to be paid in order to perform inurnments (burials) in the niche. At the time of her purchase in 1984, they were not sold before the time of need, so when the sales person told her at that time that she had purchased everything, he most likely told her that she had purchased everything that was available for purchase before the time of need, but that the opening and closing services would still need to be purchased. The cemetery now sells those services before the time of need, and Mrs. Preston was offered the opportunity recently to do so. That opportunity is still available to her.Therefore, we again state that neither the cemetery nor any of its employees did anything improper or unethical in any of our dealings with Mrs. Preston. Further, after careful consideration, we decline her requested terms of resolution, as outlined in her complaint to you."
This claim will remain posted until resolved.
Christian Memorial / StoneMor has had the use of the claimant's money since 1984 - more than 30 years. It isn't clear to me whether or not the contract specified that there would be additional costs involved in opening and closing the niche. My guess is that it didn't, or StoneMor would have said so, instead of saying vaguely that the salesperson "most likely" told her X. Clearly the claimant feels duped.
In my opinion a good resolution would be to offer the claimant a discounted price - perhaps half - of the regular cost. Otherwise, refund the original investment or at least a substantial part of it. Would that work?
I am not a fan of "pre-need" contracts, and this claim reminds me of why. None of us know how, when or why we'll die, and paying out good money ahead of time seems like a bad investment to me. I just can't even conceive of why opening and closing a niche would cost so much money.
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