reglab/housing_qa huggingface dataset:
MO Rev Stat § 436.359 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 436 - Special Purpose Contracts|Section 436.359 - Rejection of settlement offer by association governing board, effect of — meeting requirements.

Effective - 28 Aug 2005   436.359. Rejection of settlement offer by association governing board, effect of — meeting requirements. — 1. If an association's governing board rejects a written settlement offer from the contractor and has satisfied applicable provisions of section 436.356, and upon written request by the contractor as part of said offer that the association hold a meeting of the members, the provisions of this section shall apply prior to the association filing an action alleging construction defects in the common areas and common elements.  2. The board shall hold a meeting open to each member of the association. The meeting shall be held no less than fifteen days before the association commences an action against the contractor.  3. No less than fifteen days before this meeting is held, a written notice shall be sent to each member of the association specifying all of the following:  (1) That a meeting will take place to discuss construction defects that may lead to the filing of an action, and the date, time, and place of the meeting;  (2) The options that are available to address the construction defects, including the filing of an action and a statement of the various alternatives that are reasonably foreseeable by the association to pay for those options and whether these payments are expected to be made from the use of reserve account funds or the imposition of regular or special assessments, or emergency assessment increases;  (3) The complete text of any written final settlement offer from the contractor and a concise explanation of the contractor's specific reasons for the terms of the offer.  4. The discussions at the meeting and the contents of the notice and the items required to be specified in the notice under subsection 3 of this section are privileged communications and are not admissible in evidence in any action, unless the association consents to their admission.  5. No more than one request to meet and discuss a written settlement offer under this section may be made by the contractor. ­­-------- (L. 2005 S.B. 168 § 431.309)
MO Rev Stat § 436.362 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 436 - Special Purpose Contracts|Section 436.362 - Mediation requirements.

Effective - 28 Aug 2005   436.362. Mediation requirements. — 1. At any time, either a claimant or contractor may offer to resolve a claim against a contractor through mediation. Mediation pursuant to this section shall be nonbinding and independently administered. The contractor and claimant shall mutually agree upon a qualified independent and neutral mediator and shall equally share the cost of the mediator. If the parties agree upon a mediator, then the mediation shall take place within a reasonable time period, but in no event later than forty-five days after service of a request for mediation by a claimant upon a contractor or a request by a contractor upon a claimant. A contractor who receives a request for mediation from a claimant shall serve a response in writing within fourteen days and may include within the response the name of a proposed mediator and mediation date. A claimant who receives a request for mediation from a contractor shall serve a response in writing within fourteen days and may include within the response the name of a proposed mediator and mediation date.  2. The contractor or claimant may include in the mediation any person or entity reasonably necessary for resolution of the claim asserted. This subsection shall not be construed to mandate attendance at a mediation by a person or entity other than the contractor or claimant served with a notice of claim.  3. If all the parties to a dispute agree in writing to submit their dispute to any forum for arbitration, conciliation, or mediation, then no person who serves as arbitrator, conciliator or mediator, nor any agent or employee of that person, shall be subpoenaed or otherwise compelled to disclose any matter disclosed in the process of setting up or conducting the arbitration, conciliation, or mediation.  4. Arbitration, conciliation, and mediation proceedings shall be regarded as settlement negotiations and the confidentiality of such proceeding shall be as set forth in supreme court rule 17.  5. Notwithstanding any provisions of law or the agreements of the parties to the contrary, the resolution of the dispute by the parties through mediation or otherwise shall not operate to release any claim of the claimant except the claim described in the notice of defect, and shall not operate to release the claim described in the notice of defect until the agreed-upon remedy has been accomplished. ­­-------- (L. 2005 S.B. 168 § 431.312)
MO Rev Stat § 436.365 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 436 - Special Purpose Contracts|Section 436.365 - Law not to restrict or inhibit other remedies or ability to contract.

Effective - 28 Aug 2005   436.365. Law not to restrict or inhibit other remedies or ability to contract. — 1. Nothing in sections 436.350 to 436.365 shall be construed to create a theory or cause of action upon which liability may be based or to limit any causes of action or remedies otherwise available to a homeowner or contractor pursuant to law after giving effect to the provisions of sections 436.350 to 436.365, nor to hinder or otherwise affect the employment, agency, or contractual relationship between homeowners and contractors during the process of construction or remodeling, and does not preclude the termination of those relationships as allowed under current law. Nothing in sections 436.350 to 436.365 shall negate or otherwise restrict a contractor's right to access or inspection provided by law, covenant, easement, or contract.  2. Nothing in sections 436.350 to 436.365 shall be construed to prevent contracts between contractors and homeowners from specifying that disputes shall be resolved by binding arbitration pursuant to chapter 435. In contracts between contractors and homeowners that specify binding arbitration as the means of dispute resolution, sections 436.350 to 436.365 shall not be applicable; provided, in those contracts between contractors and homeowners that specify binding arbitration as the means of dispute resolution, the contractor shall provide notice, pursuant to section 435.460, that disputes may be resolved by binding arbitration and sections 436.350 to 436.365 are not applicable to such transactions.  3. The provisions of sections 436.350 to 436.365 shall not apply to an action brought by an insurer, subrogated to the rights of a claimant, if payment was made by the insurer pursuant to a claim under an insurance policy. ­­-------- (L. 2005 S.B. 168 § 431.315)
MO Rev Stat § 436.400 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 436 - Special Purpose Contracts|Section 436.400 - Citation of law — applicability.

Effective - 28 Aug 2009   436.400. Citation of law — applicability. — The provisions of sections 436.400 to 436.520 shall be referenced as the "Missouri Preneed Funeral Contract Act" and shall apply only to preneed contracts entered into, and accounts created on or after, August 28, 2009, unless otherwise specified. ­­-------- (L. 2009 S.B. 1)
MO Rev Stat § 436.410 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 436 - Special Purpose Contracts|Section 436.410 - Applicability exceptions.

Effective - 28 Aug 2009   436.410. Applicability exceptions. — The provisions of sections 436.400 to 436.520 shall not apply to any contract or other arrangement sold by a cemetery operator for which payments received by or on behalf of the purchaser are required to be placed in an endowed care fund or for which a deposit into a segregated account is required under chapter 214; provided that a cemetery operator shall comply with sections 436.400 to 436.520 if the contract or arrangement sold by the operator includes services that may only be provided by a licensed funeral director or embalmer. ­­-------- (L. 2009 S.B. 1)
MO Rev Stat § 436.412 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 436 - Special Purpose Contracts|Section 436.412 - Violations, disciplinary actions authorized — governing law for contracts.

Effective - 28 Aug 2011, 2 histories   436.412. Violations, disciplinary actions authorized — governing law for contracts. — Each preneed contract made before August 28, 2009, and all payments and disbursements under such contract shall continue to be governed by this chapter as the chapter existed at the time the contract was made. Any licensee or registrant of the board may be disciplined for violation of any provision of sections 436.005 to 436.071* within the applicable statute of limitations. Joint accounts in existence as of August 27, 2009, shall continue to be governed by the provisions of section 436.053, as that section existed on August 27, 2009. ­­-------- (L. 2009 S.B. 1, A.L. 2011 H.B. 265 merged with S.B. 325)  *Sections 436.005 to 436.071 were repealed by S.B. 1, 2009.
MO Rev Stat § 436.415 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 436 - Special Purpose Contracts|Section 436.415 - Provision of certain services required by provider — seller's duties.

Effective - 28 Aug 2009   436.415. Provision of certain services required by provider — seller's duties. — 1. Except as otherwise provided in sections 436.400 to 436.520, the provider designated in a preneed contract shall be obligated to provide final disposition, funeral or burial services and facilities, and funeral merchandise as described in the preneed contract.  2. The seller designated in a preneed contract shall be obligated to collect and properly deposit and disburse all payments made by, or on behalf of, a purchaser of a preneed contract and ensure that is statutorily and contractual duties are met, in compliance with sections 436.400 to 436.520. ­­-------- (L. 2009 S.B. 1)
MO Rev Stat § 436.420 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 436 - Special Purpose Contracts|Section 436.420 - Written contract required, contents — notification to board of provider authorization — seller to provide copy of contract to board upon request.

Effective - 28 Aug 2009   436.420. Written contract required, contents — notification to board of provider authorization — seller to provide copy of contract to board upon request. — 1. No person shall be designated as a provider in a preneed contract unless the provider has a written contractual agreement with the seller. Any seller who designates a person as a provider in a preneed contract without a contractual relationship with such person is in violation of the provisions of sections 436.400 to 436.520. No contract is required if the seller and provider are the same legal entity.  2. The written agreement required by this section shall include:  (1) Written consent from the provider authorizing the seller to designate or obligate the provider under a preneed contract;  (2) Procedures for tracking preneed contract funds or payments received by the provider and for remitting such funds or payments to the seller, including the time period authorized by the seller for the remittance of funds and payments; and  (3) The signatures of the seller and the provider or their authorized representatives and the date such signatures were* obtained.  3. A provider shall notify the board within fifteen days of authorizing or otherwise agreeing to allow a seller to designate himself or herself as the provider under any preneed contract.  4. Upon request of the board, a seller, provider, or preneed agent shall provide a copy of any preneed contract or any contract or agreement with a seller or provider to the board. ­­-------- (L. 2009 S.B. 1)  *Words "signature was" appear in original rolls.
MO Rev Stat § 436.435 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 436 - Special Purpose Contracts|Section 436.435 - Compliance of contracts entered into prior to effective date — investment of trust property and assets — loans against assets prohibited.

Effective - 28 Aug 2009   436.435. Compliance of contracts entered into prior to effective date — investment of trust property and assets — loans against assets prohibited. — 1. To the extent that any provisions in this chapter which come into effect on August 28, 2009, apply to trusts governed under this chapter which are in existence on August 28, 2009, such trusts shall be in compliance with this chapter no later than July 1, 2010.  2. All property held in a preneed trust, including principal and undistributed income, shall be invested and reinvested by the trustee thereof and shall only be invested and reinvested in investments which have reasonable potential for growth or producing income. Funds in, or belonging to, a preneed trust shall not be invested in any term life insurance product.  3. A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution. A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, has a duty to use those special skills or expertise when investing and managing trust assets.  4. A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purpose of the trust is better served without diversification.  5. In investing and managing trust assets, a trustee shall consider the following as are relevant to the trust:  (1) General economic conditions;  (2) The possible effect of inflation or deflation;  (3) The expected tax consequences of investment decisions or strategies;  (4) The role that each investment or course of action plays within the overall trust portfolio;  (5) The expected total return from income and the appreciation of capital;  (6) Needs for liquidity, regularity of income, and preservation or appreciation of capital.  6. No seller, provider, or preneed agent shall procure or accept a loan against any investment or asset of or belonging to a preneed trust. As of August 29, 2009, no preneed seller, provider, or agent shall use any existing preneed contract as collateral or security pledged for a loan or take preneed funds of any existing preneed contract as a loan or for any purpose other than as authorized by this chapter. ­­-------- (L. 2009 S.B. 1)
MO Rev Stat § 436.440 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 436 - Special Purpose Contracts|Section 436.440 - Provisions applicable to all preneed trusts.

Effective - 28 Aug 2009   436.440. Provisions applicable to all preneed trusts. — 1. The provisions of this section shall apply to all preneed trusts, including trusts established before August 28, 2009.  2. A preneed trustee may delegate to an agent duties and powers that a prudent trustee of comparable skills would reasonably delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:  (1) Selecting an agent;  (2) Establishing the scope and terms of the agency, consistent with the purposes and terms of the trust; and  (3) Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the agency.  3. In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the agency.  4. By accepting a delegation of powers or duties from the trustee of a preneed trust, an agent submits to the jurisdiction of the courts of this state.  5. Delegation of duties and powers to an agent shall not relieve the trustee of any duty or responsibility imposed on the trustee by sections 436.400 to 436.520 or the trust agreement.  6. For trusts in existence as of August 28, 2009, it shall be permissible for those trusts to continue to utilize the services of an independent financial advisor, if said advisor was in place pursuant to section 436.031 as of August 28, 2009. ­­-------- (L. 2009 S.B. 1)
MO Rev Stat § 436.445 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 436 - Special Purpose Contracts|Section 436.445 - Trustee not to make decisions, when.

Effective - 28 Aug 2011, 2 histories   436.445. Trustee not to make decisions, when. — A trustee of any preneed trust, including trusts established before August 28, 2009, shall not after August 28, 2009, make any decisions to invest any trust fund with:  (1) The spouse of the trustee;  (2) The descendants, siblings, parents, or spouses of a seller or an officer, manager, director or employee of a seller, provider, or preneed agent;  (3) Agents, other than authorized external investment advisors as authorized by section 436.440, or attorneys of a trustee, seller, or provider; or  (4) A corporation or other person or enterprise in which the trustee, seller, or provider owns a controlling interest or has an interest that might affect the trustee's judgment. ­­-------- (L. 2009 S.B. 1, A.L. 2011 H.B. 265 merged with S.B. 325)
MO Rev Stat § 436.450 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 436 - Special Purpose Contracts|Section 436.450 - Insurance-funded preneed contract requirements.

Effective - 28 Aug 2011, 2 histories   436.450. Insurance-funded preneed contract requirements. — 1. An insurance-funded preneed contract shall comply with sections 436.400 to 436.520 and the specific requirements of this section.  2. A seller, provider, or any preneed agent shall not receive or collect from the purchaser of an insurance-funded preneed contract any amount in excess of what is required to pay the premiums on the insurance policy as assessed or required by the insurer as premium payments for the insurance policy except for any amount required or authorized by this chapter or by rule. A seller shall not receive or collect any administrative or other fee from the purchaser for or in connection with an insurance-funded preneed contract, other than those fees or amounts assessed by the insurer. As of August 29, 2009, no preneed seller, provider, or agent shall use any existing preneed contract as collateral or security pledged for a loan or take preneed funds of any existing preneed contract as a loan for any purpose other than as authorized by this chapter.  3. Payments collected by or on behalf of a seller for an insurance-funded preneed contract shall be promptly remitted to the insurer or the insurer's designee as required by the insurer; provided that payments shall not be retained or held by the seller or preneed agent for more than thirty days from the date of receipt.  4. It is unlawful for a seller, provider, or preneed agent to procure or accept a loan against any insurance contract used to fund a preneed contract.  5. Laws regulating insurance shall not apply to preneed contracts, but shall apply to any insurance or annuity sold with a preneed contract; provided, however, the provisions of sections 436.400 to 436.520 shall not apply to annuities or insurance polices regulated by chapters 374, 375, and 376 used to fund preneed funeral agreements, contracts, or programs.  6. This section shall apply to all preneed contracts including those entered into before August 28, 2009.  7. For any insurance-funded preneed contract sold after August 28, 2009, the following shall apply:  (1) The purchaser or beneficiary shall be the owner of the insurance policy purchased to fund a preneed contract; and  (2) An insurance-funded preneed contract shall be valid and enforceable only if the seller or provider is named as the beneficiary or assignee of the life insurance policy funding the contract.  8. If the proceeds of the life insurance policy exceed the actual cost of the goods and services provided pursuant to the nonguaranteed preneed contract, any overage shall be paid to the estate of the beneficiary, or, if the beneficiary received public assistance, to the state of Missouri. ­­-------- (L. 2009 S.B. 1, A.L. 2011 H.B. 265 merged with S.B. 325)
MO Rev Stat § 436.456 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 436 - Special Purpose Contracts|Section 436.456 - Cancellation of contract, when, procedure.

Effective - 28 Aug 2011, 2 histories   436.456. Cancellation of contract, when, procedure. — At any time before final disposition, or before the funeral or burial services, facilities, or merchandise described in a preneed contract are furnished, the purchaser may cancel the contract, if designated as revocable, without cause. In order to cancel the contract the purchaser shall:  (1) In the case of a joint account-funded preneed contract, deliver written notice of the cancellation to the seller. Within fifteen days of receipt of notice of the cancellation, the seller shall take whatever steps may be required by the financial institution to obtain the funds from the financial institution. Upon receipt of the funds from the financial institution, the seller shall distribute the principal to the purchaser. Interest shall be distributed as provided in the agreement with the seller and purchaser;  (2) In the case of an insurance-funded preneed contract, deliver written notice of the cancellation to the seller. Within fifteen days of receipt of notice of the cancellation, the seller shall notify the purchaser that the cancellation of the contract shall not cancel any life insurance funding the contract and that insurance cancellation is required to be made in writing to the insurer;  (3) In the case of a trust-funded preneed contract, deliver written notice of the cancellation to the seller and trustee. Within fifteen days of receipt of notice of the cancellation, the trustee shall distribute one hundred percent of the trust property including any percentage of the total payments received on the trust-funded contract that have been withdrawn from the account under subsection 4 of section 436.430 but excluding the income, to the purchaser of the contract;  (4) In the case of a guaranteed installment payment contract where the beneficiary dies before all installments have been paid, the purchaser shall pay the seller the amount remaining due under the contract in order to receive the goods and services set out in the contract, otherwise the purchaser or their estate will receive full credit for all payments the purchaser has made towards the cost of the beneficiary's funeral at the provider current prices. ­­-------- (L. 2009 S.B. 1, A.L. 2011 H.B. 265 merged with S.B. 325)