In the midst of coping with the loss of a loved one, families often find themselves with many questions about working with cemeteries. Burial is an expensive part of one’s final expenses, and cemetery practices and policies can often be confusing or even daunting and intimidating. Questions will usually abound. Here is a guide to some of the issues families often face when working with cemeteries after a loved one has passed away.
What burial goods services do I have to buy from cemeteries?
From a consumer’s perspective it is important to always remember that cemeteries are in the business of selling more than just grave plots. They make a good deal of their revenue from selling services such as burial and headstone installation, and, of course, many of them offer headstones, caskets, cremation urns and other such products for sale. Families often wish to save money, or just patronize someone other than the cemetery, when they are shopping for these accessories and peripheral services. For guidance on creating a thoughtful and lasting tribute, see The Perfect Memorial. And, when this happens the question of what they are legally entitled to buy from establishments other than their cemetery often arises.
The question is not entirely simple. But, in general, families are legally allowed to buy memorial accessories and services from whoever they choose. United States Anti-Trust laws generally prohibit cemeteries from forcing customers to buy their own goods and services as a condition for buying a grave plot from them. Cemeteries are typically allowed to establish rules for such products and services – for example, they may have policies for headstone sizes, color and material – but they are usually not legally allowed to require that certain manufacturers or service providers be hired.
The one major exception to what we have said above relates to what the cemetery industry calls a “setting fee.” In most cases, cemeteries are legally entitled to charge this fee for headstone installation and handling of the headstone delivery. It should be noted that cemeteries often compete against one another on the basis of this fee, but negotiating a lower rate for some customers can put the business on shaky legal footing. Cemeteries are not legally allowed to discriminate against customers who do not buy their headstones from them by waiving (or reducing) the setting fee for their own headstone customers. So, generally speaking, the cemetery’s posted setting fee price is not negotiable in most cases.
Most cemeteries in today’s business environment are accustomed to working with “outside” companies hired by their customers, but there is still the occasional cemetery that will make attempts to force customers to purchase products and services that are available elsewhere from the cemetery’s competitors. As we say, this is generally illegal, and customers should be wary of cemeteries that make such an attempt. When faced with such a practice, however, customers do not necessarily have to hire a lawyer to enforce their rights under the law. A simple conversation with the competitor who is being shut out of business will usually result in effective assistance.
Does the Federal Funeral Rule apply to Cemeteries?
The anti-trust laws mentioned in the previous answer are generally enforced by the United States Federal Trade Commission, which was given specific regulative authority over the memorial industry when Congress passed the Funeral Rule, which was intended to curb anti-competitive practices that the nation’s first funeral homes typically adopted in order to artificially inflate prices by keeping competition at bay. This law applies to cemeteries only indirectly because most of the nation’s largest funeral home chains also own the majority of the countries largest cemeteries. And, since the law applies directly to funeral home companies, it also applies to cemeteries run by funeral home companies. And, in general, the anti-competitive practices mentioned above are in keeping with other laws that apply to all industries, not just the memorial industry. So, while the letter of the Funeral Rule does not necessarily apply to cemeteries, most reputable cemeteries will follow the law’s spirit anyway.
Can I install my own grave marker?
Technically speaking, cemeteries are not allowed to force customers to hire them to install a grave marker. Once installed, families may also want to learn how to properly clean headstones in the cemetery to maintain their appearance and longevity. But they are allowed to make certain licensing, bonding, and training requirements of all who install a grave marker on their property, and they may require that the installation itself meet certain requirements. Further, they are entitled to charge a standard setting fee of all customers, no matter who ultimately installs the grave marker. It is for all these reasons that the vast majority of grave markers are installed today by professionals who are contracted or hired by the cemetery itself. The exceptions are smaller cemeteries in which every customer is required to install his or her own grave marker (or hire a contractor).
What other rules will I have to follow?
Each cemetery will usually provide upon request a written list of all rules and regulations that services and goods not provided by the cemetery itself must follow. Customers should ask for this list very soon after they begin talking to a cemetery, and they should be sure they understand the rules thoroughly before agreeing to do business with a cemetery.