reglab/housing_qa huggingface dataset:
SC Code § 32-3-20 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 3 - Statute Of Frauds|Section 32-3-20. Action on representation as to character will lie only where representation is in writing and signed.

 No action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any person to the intent or purpose that such other person may obtain credit, money or goods thereon unless such representation or assurance be made in writing, signed by the party to be charged therewith or by some person thereunto by him legally authorized.  HISTORY: 1962 Code Section 11-102; 1952 Code Section 11-102; 1942 Code Section 7049; 1932 Code Section 7049; Civ. C. '22 Section 5521; Civ. C. '12 Section 3742; Civ. C. '02 Section 2657; G. S. 2024; R. S. 2156.
SC Code § 32-7-10 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 7 - Preneed Funeral Contracts|Section 32-7-10. Definitions.

 As used in this chapter, unless the context requires otherwise:  (1) "Administrator" means the Administrator of the South Carolina Department of Consumer Affairs.  (2) "At need" means after the beneficiary is deceased, and "at preneed" means before the beneficiary is deceased.  (3) "Beneficiary" means the person who is to be the subject of the disposition, services, facilities, or merchandise described in a preneed funeral contract.  (4) "Common trust fund" means a trust in which the proceeds of more than one funeral contract may be held by the trustee.  (5) "Department" means the South Carolina Department of Consumer Affairs.  (6) "Financial institution" means a bank, trust company, or savings and loan association authorized by law to do business in this State.  (7) "Funeral services" or "funeral arrangements" means any of the following:  (a) engaging in providing shelter, care, and custody of the human dead;  (b) preparing the human dead by embalming or other methods for burial or other disposition; or  (c) engaging in the practice or performing any functions of funeral directing or embalming as presently recognized by persons engaged in these functions.  (8) "Preneed funeral contract" means a contract which has for its purpose the furnishing or performance of funeral services or the furnishing or delivery of personal property, merchandise, or services of any nature in connection with the final disposition of a dead human body to be furnished or delivered at a time determinable by the death of the person whose body is to be disposed of, but does not mean the furnishing of a cemetery lot, crypt, niche, mausoleum, grave marker, or monument.  (9) "Provider" means a funeral home licensed in this State which is the entity providing services and merchandise pursuant to a preneed funeral contract and is designated trustee of all funds.  (10) "Purchaser" means the person who is obligated to make payments under a preneed funeral contract.  (11) "Seller" means a licensed funeral director in this State who is directly employed by the provider.  (12) "Trust account" means a federally insured account where the funds shall be paid to a provider only when the provider furnishes the financial institution with a certified certificate of death and a certified statement that the services have been performed and the merchandise has been delivered.  HISTORY: 1962 Code Section 11-171; 1973 (58) 339; 1989 Act No. 89, Section 1; 1992 Act No. 284, Section 1; 2009 Act No. 70, Section 1, eff July 1, 2009; 2012 Act No. 261, Section 1, eff June 18, 2012.  Effect of Amendment  The 2009 amendment added definitions of "Administrator" and "Department", deleted the definition of "Board", and reordered the definitions alphabetically.  The 2012 amendment inserted definitions for "at need", "funeral services", and "trust account"; renumbered the items accordingly, and made other nonsubstantive changes.
SC Code § 32-7-25 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 7 - Preneed Funeral Contracts|Section 32-7-25. Irrevocable contracts.

 The contracts governed by the provisions of this chapter may be made irrevocable at the option of the purchaser. If the purchaser selects an irrevocable contract he must be allowed thirty days to examine the contract. Within that period, the purchaser may revoke his decision to enter this contract and all monies paid by the purchaser must be refunded. An irrevocable trust-funded preneed funeral contract executed under this chapter must not be converted to an insurance-funded preneed funeral contract. If a premium is paid on an insurance-funded preneed irrevocable contract and the contract is revoked within thirty days, the full premium must be refunded.  HISTORY: 1989 Act No. 89, Section 1; 1995 Act No. 67, Section 3; 2009 Act No. 70, Section 1, eff July 1, 2009.  Effect of Amendment  The 2009 amendment made nonsubstantive changes.
SC Code § 32-7-30 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 7 - Preneed Funeral Contracts|Section 32-7-30. Refunds upon written demand.

 (A) Within thirty days of receipt of a written demand for refund by a purchaser who has paid funds for a preneed funeral contract pursuant to Section 32-7-20(A) or (B) the trustee shall refund to the purchaser the entire amount paid together with all interest, dividends, increases, or accretions earned on the fund except that the provider may retain ten percent of the earnings in the portion of the final year before termination.  (B) After making refund to the trustee pursuant to the provisions of subsection (A), the financial institution is relieved from further liability to any party.  (C) This section does not apply if the contract is irrevocable.  HISTORY: 1962 Code Section 11-173; 1973 (58) 339; 1989 Act No. 89, Section 1; 2009 Act No. 70, Section 1, eff July 1, 2009.  Effect of Amendment  The 2009 amendment made nonsubstantive changes in subsection (A), and, in subsection (B), deleted "or (B)" following "(A)".
SC Code § 32-7-35 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 7 - Preneed Funeral Contracts|Section 32-7-35. Transfer of preneed funeral contracts.

 (A) A preneed funeral contract may be transferred to another provider only upon the prior written request of the purchaser or the beneficiary of a deceased purchaser or pursuant to Section 32-7-45. The selling provider must be paid a fee equal to ten percent of the contract face amount. The selling provider also must be paid ten percent of the earnings in that portion of the final year before transfer.  (B) A preneed funeral contract, whether revocable or irrevocable, funded by an insurance policy may be transferred to another provider only upon the prior written request of the purchaser or the beneficiary of a deceased purchaser or pursuant to Section 32-7-45. The selling provider may not collect, charge, or receive a fee in connection with this transfer of a preneed funeral contract funded by an insurance policy. An irrevocable preneed funeral contract funded by an insurance policy may be transferred to another provider only upon the prior written request of the purchaser or the beneficiary of a deceased purchaser or pursuant to Section 32-7-45.  (C)(1) At preneed, a preneed funeral contract may be transferred only to a funeral home that is licensed to sell preneed funeral contracts. The receiving funeral home is not required to pay an additional service charge unless there are changes to the contract.  (2) At need, a preneed funeral contract may be transferred to any funeral home that is licensed by the Board of Funeral Directors.  HISTORY: 1989 Act No. 89, Section 1; 1995 Act No. 67, Section 4; 2009 Act No. 70, Section 1, eff July 1, 2009; 2012 Act No. 261, Section 2, eff June 18, 2012.  Effect of Amendment  The 2009 amendment designated subsections (A) and (B), and substituted "upon" for "at" and "of a deceased purchaser" for "if the purchaser dies before the beneficiary" throughout.  The 2012 amendment added subsection (C).
SC Code § 32-7-40 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 7 - Preneed Funeral Contracts|Section 32-7-40. Deposit of trust funds.

 All trust funds described in this chapter must be deposited in the name of the trustee, as trustee, within thirty days after receipt.  HISTORY: 1962 Code Section 11-174; 1973 (58) 339; 1989 Act No. 89, Section 1; 2009 Act No. 70, Section 1, eff July 1, 2009.  Effect of Amendment  The 2009 amendment substituted "described" for "mentioned".
SC Code § 32-7-45 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 7 - Preneed Funeral Contracts|Section 32-7-45. Transfer of contracts where provider goes out of business; department authorized to accomplish transfer.

 (A) If a provider goes out of business or the provider's license issued by the State Board of Funeral Service is cancelled or the license to sell preneed funeral contracts is cancelled and application for a replacement license is not filed, the provider within thirty days shall submit to the department a complete listing of names and addresses of all active contracts in its possession. The provider also shall notify all contract purchasers in writing that their contracts are to be transferred to another licensed provider of the purchaser's choice. The former licensee then shall transfer the contracts and notify the department of the providers selected within sixty days of the cancellation of the preneed license. All contracts funded by insurance or trust funds together with interest are to be transferred. The selling provider forfeits its right to monies it otherwise would be entitled to. If the provider fails to provide for the transfer of contracts within sixty days, the purchasers may request directly the financial institution to transfer the account balance to another provider selected by the purchaser with payment jointly to the provider and its financial institution. The purchaser also may request that an insurance company assign another provider as beneficiary for the insurance policy.  (B) The department has jurisdiction over the provider and the insurance policy or trust funds together with interest of all active contracts and has the authority to accomplish the necessary transfer of preneed funeral contracts in all cases in which the purchaser has failed to effectuate the transfer to a licensed provider within six months of the date the provider's license issued by the State Board of Funeral Service is cancelled or the license to sell preneed funeral contracts is cancelled and an application for a replacement license has not been filed.  HISTORY: 1989 Act No. 89, Section 1; 2004 Act No. 188, Section 2; 2009 Act No. 70, Section 1, eff July 1, 2009.  Effect of Amendment  The 2009 amendment substituted "department" for "board" and deleted "burial" preceding "insurance" throughout.
SC Code § 32-7-70 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 7 - Preneed Funeral Contracts|Section 32-7-70. Accounts and records; investigations.

 (A) The provider must keep accurate accounts, books, and records in this State of all transactions, copies of all agreements, dates, and amounts of payments made and accepted on them, the names and addresses of the contracting parties, the persons for whose benefit funds are accepted, and the names of the depositories of the funds. The provider must make all books and records pertaining to the trust funds available to the department for examination.  (B) The department may at any reasonable time and shall at least once every two years investigate the books, records, and accounts of each provider with respect to its trust funds and for that purpose may require the attendance of and examine under oath all persons whose testimony the department may require. The department shall investigate a provider's books, records, and accounts if the department has reason to believe or has received a complaint alleging that the provider has violated the provisions of this chapter.  HISTORY: 1962 Code Section 11-177; 1973 (58) 339; 1989 Act No. 89, Section 1; 2004 Act No. 188, Section 4; 2009 Act No. 70, Section 1, eff July 1, 2009.  Effect of Amendment  The 2009 amendment substituted "department" for "board" and made nonsubstantive changes throughout.
SC Code § 32-7-90 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 7 - Preneed Funeral Contracts|Section 32-7-90. Soliciting and advertising.

 (A) A contract seller, provider, agent, employee, or person acting in behalf of one of these persons may not:  (1) directly or indirectly call upon individuals or persons in hospitals, rest homes, nursing homes, or similar institutions for the purpose of soliciting preneed funeral contracts or making funeral or final disposition arrangements without first having been specifically requested by the person to do so;  (2) directly or indirectly employ an agent, assistant, employee, independent contracting person, or other person to call upon individuals or persons in hospitals, rest homes, nursing homes, or similar institutions for the purpose of soliciting preneed funeral contracts or making funeral or final disposition arrangements without first having been specifically requested by the person to do so;  (3) solicit relatives of persons whose death is apparently pending or whose death has recently occurred for the purpose of providing funeral services, final disposition, burial, or funeral goods for the person;  (4) solicit or accept or pay consideration for recommending or causing a dead human body to be provided funeral services and funeral and burial goods by specific persons, or the services of a specific crematory, mausoleum, or cemetery unless the arrangement is the subject of a preneed funeral contract; or  (5) solicit by telephone call or by visit to a personal residence unless the solicitation has been previously requested by the person solicited or by a family member residing at the residence.  (B) This chapter does not restrict the right of a person lawfully to advertise, to use direct mail, or otherwise communicate in a manner not within the above prohibition of solicitation or to solicit the business of anyone responding to the communication or otherwise initiating discussion of the goods or services being offered.  (C) This chapter does not prohibit general advertising.  (D) A person making a personal or written solicitation for a preneed funeral contract, as soon as possible, shall divulge the real reason for the contract or solicitation.  (E) The department may promulgate regulations for the solicitation of preneed contracts by sellers and providers and their agents and employees to protect the public from solicitation practices that utilize undue influence or that take undue advantage of a person's ignorance or emotional vulnerability.  HISTORY: 1962 Code Section 11-180; 1973 (58) 339; 1989 Act No. 89, Section 1; 2009 Act No. 70, Section 1, eff July 1, 2009.  Effect of Amendment  The 2009 amendment made nonsubstantive changes throughout; and, in subsection (E), substituted "department" for "board".
SC Code § 32-7-95 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 7 - Preneed Funeral Contracts|Section 32-7-95. Advertising and soliciting prohibitions as to preneed funeral contracts apply to funeral director licensed as agent and life insurer.

 The prohibitions of Section 32-7-90 as to solicitations and advertising relating to preneed funeral contracts apply equally to a funeral director licensed pursuant to this title as an agent for a life insurer as well as to the life insurer doing business in this State.  HISTORY: 1995 Act No. 67, Section 1; 2009 Act No. 70, Section 1, eff July 1, 2009.  Effect of Amendment  The 2009 amendment substituted "pursuant" for "under".
SC Code § 32-7-100 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 7 - Preneed Funeral Contracts|Section 32-7-100. Penalties; revocation of license; request for contested case hearing.

 (A) A person wilfully violating the provisions of this chapter is guilty of a:  (1) misdemeanor, if the value of money obtained or sought to be obtained is two thousand dollars or less and, upon conviction, the person must be fined not less than one thousand dollars, or imprisoned for not more than thirty days, or both;  (2) felony, if the value of money obtained or sought to be obtained is more than two thousand dollars but less than ten thousand dollars, and, upon conviction, the person must be fined in the discretion of the court, or imprisoned for not more than five years, or both;  (3) felony, if the value of money obtained or sought to be obtained is ten thousand dollars or more, and, upon conviction, the person must be fined in the discretion of the court, or imprisoned for not more than ten years, or both;  (4) in addition, a person convicted of a misdemeanor or a felony pursuant to this section may be prohibited from entering into further preneed funeral contracts, if the department, in its discretion, finds that the offense is sufficiently grievous.  (B) The determination of the degree of an offense under subsection (A) must be measured by the total value of all money obtained or sought to be obtained by the unlawful conduct.  (C)(1) Before the suspension, revocation, or other action by the department involving a license to sell preneed funeral contracts becomes final, a licensee is entitled to request a contested case hearing before the Administrative Law Court, in accordance with the Administrative Procedures Act.  (2) Other action by the department may include a warning notice of deficiency, additional education requirements concerning the provisions of this chapter, a fine, or a cease and desist order for violation of a provision in this chapter.  HISTORY: 1962 Code Section 11-181; 1973 (58) 339; 1989 Act No. 89, Section 1; 2009 Act No. 70, Section 1, eff July 1, 2009; 2012 Act No. 261, Section 5, eff June 18, 2012.  Effect of Amendment  The 2009 amendment designated subsection (A), in the first sentence substituted "one thousand dollars or more than five thousand dollars" for "five hundred dollars nor more than one thousand dollars", in the second sentence substituted "department" for "board", and deleted the third sentence relating to appealing revocation of a license; and added subsection (B) pertaining to requesting a contested case hearing.  The 2012 amendment rewrote the section.
SC Code § 32-7-110 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 7 - Preneed Funeral Contracts|Section 32-7-110. Enforcement; investigation of unlicensed providers.

 (A) The department shall enforce the provisions of this chapter and has the power to make investigations, subpoena witnesses and documents, require audits and reports, and conduct hearings as to violations of any provisions, and to promulgate regulations necessary to carry out the provisions of this chapter.  (B) Upon its own initiative or upon receipt of a complaint, the department shall investigate a funeral home, funeral director, individual, or business the department has reason to believe is acting as a provider without a license. In order to conduct its investigation, the department shall review the books, records, and accounts of: (1) a funeral home or funeral director licensed by the State Board of Funeral Service even if the funeral home or funeral director is not licensed to sell preneed funeral contracts, or (2) an individual or business the department has reason to believe is acting as a provider without a license. If the department discovers that a violation of this chapter has occurred by a funeral home, funeral director, individual, or business that is not licensed to sell preneed funeral contracts, the department may initiate an action for a violation of this chapter in the Administrative Law Court for a cease and desist order or assess an administrative fine not to exceed ten thousand dollars, or both. A person aggrieved by an order of the department may request a contested case hearing before the Administrative Law Court.  (C) Whether or not enforcement action is taken by the department, the department shall report a violation it discovers to the State Board of Funeral Service for an action pursuant to Section 40-19-110(12) and to the Attorney General, a circuit solicitor, or an appropriate law enforcement agency.  HISTORY: 1962 Code Section 11-178; 1973 (58) 339; 1989 Act No. 89, Section 1; 2004 Act No. 188, Section 5; 2009 Act No. 70, Section 1, eff July 1, 2009.  Effect of Amendment  The 2009 amendment, in subsections (A) and (B), substituted "department" for "board" and made nonsubstantive changes throughout; in subsection (B), rewrote the third sentence, substituting the provision at the end relating to cease and desist orders and administrative fines for a clause relating to reporting violations, and added the fourth sentence relating to requesting a contested case hearing; and designated and rewrote subsection (C) relating to reporting violations.
SC Code § 32-7-120 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 7 - Preneed Funeral Contracts|Section 32-7-120. Application of chapter.

 This chapter does not modify, abridge, or repeal any provision of Chapter 55, Title 39. This chapter applies only to preneed funeral contracts sold by funeral homes licensed in this State and their licensed directors.  HISTORY: 1989 Act No. 89, Section 1; 2009 Act No. 70, Section 1, eff July 1, 2009.  Effect of Amendment  The 2009 amendment made nonsubstantive changes.
SC Code § 32-7-130 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 7 - Preneed Funeral Contracts|Section 32-7-130. Sale at need of granite, memorials, or vaults by licensed funeral director.

 Nothing in this chapter or in Chapter 55, Title 39 precludes the sale at need of granite, memorials, or vaults by a licensed funeral director. However, a licensed funeral director may sell only vaults preneed in accordance with this chapter.  HISTORY: 1989 Act No. 89, Section 1; 2009 Act No. 70, Section 1, eff July 1, 2009.  Effect of Amendment  The 2009 amendment made a nonsubstantive change.
SC Code § 32-8-300 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 8 - Cremation Authorizations And Procedures|Section 32-8-300. Short title.

 This chapter may be cited as the "Safe Cremation Act".  HISTORY: 1994 Act No. 435, Section 1.
SC Code § 32-8-310 (2021)
2021 South Carolina Code of Laws|Title 32 - Contracts and Agents|Chapter 8 - Cremation Authorizations And Procedures|Section 32-8-310. Crematory; compliance with local zoning regulations.

 A crematory may be constructed on the grounds of a funeral establishment and must be in compliance with local zoning regulations.  HISTORY: 1994 Act No. 435, Section 1.